HAK TUKAR AGAMA DALAM PERLEMBAGAAN MALAYSIA: KONFLIK ANTARA KEBEBASAN BERAGAMA DAN HUKUM ISLAM
Abstract
The question of freedom of religion is both emphasised in the Qur' an and
in the Federal Constitution of Malaysia. It is however, on one side the
Islamic jurists agreed that freedom of religion is guaranteed, on the other
hand, apostates seem to have committed an offence under the Islamic
Criminal Law. The punishment seems to have a conflict particularly with
reference to Article 11 (1) and 5 (1) of the Federal Constitution. This
article attempts to discuss the question of apostasy from the Islamic and
Malaysian Laws perspectives with special reference to the issue of fundamental
right of freedom of religion. It also highlights the conflict of laws
that surrounding the punishment of apostasy in various respective states'
laws in Malaysia.
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