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Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil

My article is concerned with the conflict in laws between freedom of religion and law of apostasy within the broader Malaysian constitutional framework. The issue is controversial because, while freedom of religion is guaranteed in the Malaysian Constitution, some respective states in Malaysia have...

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Main Author: Mohamed Adil, Mohamed Azam
Format: Article
Language:English
Published: UPENA 2005
Subjects:
Conflict of laws
Constitutional law
Apostasy (Islamic law)
Online Access:http://ir.uitm.edu.my/id/eprint/11531/1/AJ_MOHAMED%20AZAM%20MOHAMED%20ADIL%20CITU%2005%201.pdf
http://ir.uitm.edu.my/id/eprint/11531/
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spelling my.uitm.ir.115312016-08-17T09:18:51Z http://ir.uitm.edu.my/id/eprint/11531/ Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil Mohamed Adil, Mohamed Azam Conflict of laws Constitutional law Apostasy (Islamic law) My article is concerned with the conflict in laws between freedom of religion and law of apostasy within the broader Malaysian constitutional framework. The issue is controversial because, while freedom of religion is guaranteed in the Malaysian Constitution, some respective states in Malaysia have treated Muslims who intend to leave the Islamic faith as criminals. Even though there is no death penalty for apostasy in Malaysia, apostates shall be detained, fined or punishable with imprisonment up to three years. Such punishments seem contrary to the provision of Article 11(1) of the Federal Constitution which guarantees the right of freedom of religion. It also deprived individual liberty as provided in Article 5(1) of the Federal Constitution. Moreover, these punishments also seem contrary to Article 4(1) of the Federal Constitution that maintains the supremacy of the Constitution, and Article 75 that upholds the Federal law powers in the event where State law is inconsistent with the Federal law. UPENA 2005 Article PeerReviewed text en http://ir.uitm.edu.my/id/eprint/11531/1/AJ_MOHAMED%20AZAM%20MOHAMED%20ADIL%20CITU%2005%201.pdf Mohamed Adil, Mohamed Azam (2005) Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil. Jurnal CITU, 1 (2). pp. 177-199. ISSN 1823-6146
institution Universiti Teknologi Mara
building Tun Abdul Razak Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Mara
content_source UiTM Institutional Repository
url_provider http://ir.uitm.edu.my/
language English
topic Conflict of laws
Constitutional law
Apostasy (Islamic law)
spellingShingle Conflict of laws
Constitutional law
Apostasy (Islamic law)
Mohamed Adil, Mohamed Azam
Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
description My article is concerned with the conflict in laws between freedom of religion and law of apostasy within the broader Malaysian constitutional framework. The issue is controversial because, while freedom of religion is guaranteed in the Malaysian Constitution, some respective states in Malaysia have treated Muslims who intend to leave the Islamic faith as criminals. Even though there is no death penalty for apostasy in Malaysia, apostates shall be detained, fined or punishable with imprisonment up to three years. Such punishments seem contrary to the provision of Article 11(1) of the Federal Constitution which guarantees the right of freedom of religion. It also deprived individual liberty as provided in Article 5(1) of the Federal Constitution. Moreover, these punishments also seem contrary to Article 4(1) of the Federal Constitution that maintains the supremacy of the Constitution, and Article 75 that upholds the Federal law powers in the event where State law is inconsistent with the Federal law.
format Article
author Mohamed Adil, Mohamed Azam
author_facet Mohamed Adil, Mohamed Azam
author_sort Mohamed Adil, Mohamed Azam
title Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_short Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_full Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_fullStr Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_full_unstemmed Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_sort punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in malaysia / mohamed azam mohamed adil
publisher UPENA
publishDate 2005
url http://ir.uitm.edu.my/id/eprint/11531/1/AJ_MOHAMED%20AZAM%20MOHAMED%20ADIL%20CITU%2005%201.pdf
http://ir.uitm.edu.my/id/eprint/11531/
_version_ 1685648293133025280
score 13.211869

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