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Introduction
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A paper delivered by Justice Raus Sharif, a Judge of the Federal Court of Malaysia at the 17 th Commonwealth Law
Conference 2011, Hyderabad, India
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4. With such diversity in race and religion, the right to religion is
clearly spelt out by the Malaysian Federal Constitution. Article
3 (1) provides that:
5. Article II (1) indicate that every person has the right to three
things:
(i) to profess;
(ii) to practice; and
(iii) subject to Article 11 (4) to propagate his religion.
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further guaranteed in many Articles if the Federal Constitution.
For example, there is no compulsion on anyone to support a
religion other than his own and no person shall be compelled to
pay any tax the proceeds of which are specially allocated to a
religion other than his own. Also, no person shall be required to
receive instructions in or take part in any ceremony or act of
worship of a religion other than his own. The Federal
Constitution also by Article 8(2) does not allow for
discrimination on the grounds of religion against employees in
the public sector, in the acquisition, holding or disposition of
property; and in any trade, business or profession.
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religion, it cannot be done easily. No Muslim can lay a
claim to opt out of Syariah Law easily.
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13. Basically, both the Natives Courts in Sabah and Sarawak hear:-
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concerned to declare, through publication in the gazette certain
plots of land to be protected as aboriginal reserves and areas.
However, the Act does not treat the Aborigines as the legal
owners of these reserves or areas nor does it mandate
compensations for the government’s acquisition of these
reserves. The Aborigines are considered as a mere tenant of
their ancestral land. While section 10 of the Act recognizes that
compensation “shall” and must be paid by the Government for
acquisition of Orang Asli’s crops but section II of the Act merely
states that the authorities “may” pay compensation for the
acquisition of the aboriginal reserve or areas.
18. In conclusion, I can safely say that the rights of Religion and
other minorities is guaranteed and well protected in Malaysia.
8 February 2011
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RAUS SHARIF (FCJ)
Federal Court
Malaysia
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