HALIMA ASIAH BINTI KHALID

NURBAITI BINTI BASIR

LUSHANI A/P RAMANATHAN
PAVITRA A/P SATHASIVAM
Analyze the principles in the High
Courts decisions of Meor
Atiqulrahman [2005] 5 MLJ 375 and
Lina Joy [2004] 2 MLJ 1. Do you
think that these decision are in line
with the position of Islam in the
Federal Constitution?
Article 3 (1) of FC : Islam is the religion of the federation
but, all other religions may be practiced in peace an harmony.

In Schedule 9, List II, Paragraph 1 State Legislatures are
permitted to legislate for the application of Islamic laws to
persons professing the religion of Islam in a variety of areas.

CASE : Che Omar bin Che Soh v PP [1988] 2 MLJ 55

Syariah Courts may be established by the State law and it
is declared that they shall have jurisdiction only over persons
professing the religion of Islam.

in exercise of powers within their jurisdiction, Syariah
Courts are independent of the civil courts : Article 121(1A)







The plaintiffs claimed to have been dismissed from
school for wearing serbans in school beside wearing
the school uniform.

The plaintiffs seek for a court order to declare that
their expulsion from school was void, null and of no
effect and they should be accepted back to study in the
school.

The defendants in their defence contended that the
plaintiffs in wearing serbans in school had breached art
3(5)(v) of the School Rules 1997, prepared by the school
headmaster according to the Ikhtisas Circular Letter No
9/1975, Ministry of Education.

The Circular Letter, inter alia, provided: 'The
headmaster could also consider other matters
which are not in the list according to the
circumstances in their respective school'.

Held : Allowing the plaintiff application.
Rules prohibiting pupils from wearing
serbans (Rules of School Uniform No
3/1983)
There was no notice given
An opportunity to be heard was not granted
Art 11(1) of Federal Constitution
Wearing the serban is valid according to
Hukum Syarak
The plaintiff was born as a Muslim, she was brought up as
a Muslim or her up bringing was conducted on the basis
that she was a Muslim, she lived as a Muslim with her
family and reputed to be a Muslim.

She had replied to the National Registration Department
(NRD) to change her name from Azlina bte Jailani to Lina
Lelani and in support stated, inter alia, that she intends to
marry a person who is Christian.

The application was however rejected on matters relating
to conversion out of Islam shall be determined by the
Syariah Court.
Article 11(1)
Faiza J distinguish freedom of religion and
freedom of choice
The right to profess and practice did not
extent to change of religion
Civil court must accept a Muslim to be still
Muslim till the Syariah court has made a
pronouncement.
FC allows the conversion out of Islam to be
determined by the Syariah court.
Freedom of religion under Article 11(1) must
be read with Article 3(1) special position of
Islam as a dominant religion of the
Federation.
In the case of Meor - no clear provisions in
FC that prohibits a Muslim from wearing a
serban.
Besides, the wearing of serban does not
contradicts the principles of Islamic law.
Hence, the decision of the High Court is in
line with the Federal Constitution.
Regarding the case of Lina Joy, as Islam is the
dominant religion of the federation, there is a
duty to protect, defend and promote the
religion.
Thus, freedom of religion does not leads to
any conversion of religion.
Since Lina Joy is still a Muslim, finality
decision of conversion of religion falls within
the competency of Syariah court.

Case : Lina
Article 11(1)- gives her right to profess and
practise the religion of her choice
No restriction regarding the issue of
conversion but it should be determined and
concluded by the Syariah court.
Matters regarding Muslim- must be settled in
Syariah court ( Article 121(1A) of FC)
Case : Meor Atiqulrahman

The mere act of wearing serban is not
contradicted with any law as there was no
presence of clear provisions in FC that
prohibiting the act of wearing serban

Every person has the right to practice any religion
and a mere act of wearing serban is valid
according to hukum syarak and not void under
the civil laws of muslim and no muslims.
Therefore,the wearing of serban is valid
according to the constitution.





By virtue of Art.3 and Art.11 of FC i.e. by
adopting Islam the religion of the Federation,
Islamic Education and way of life can be
promoted for Muslims.

Islamic Constitutions can be established ,
Islamic Court can be set up and Muslims can
be subjected to the Syariah Court in areas
assigned by the Constitution.