Religion in Malaysia - Law and Politics

Law and Politics

Islam is the religion of the Federation, although Malaysia is a multi-religious society and the Malaysian constitution guarantees freedom of religion. Religious beliefs follow ethnic lines. Holidays have been declared for holy days in numerous religions, although only Islam has more than one national holiday. Whether a religion obtains approval of the government is determined by the Registrar of Societies, part of the Ministry of Home Affairs. Only upon approval do they qualify for government benefits. However, unrecognised groups such as the Falun Gong can practise by registering themselves under the Companies Act, although this means that technical violations of the act can result in a fine.

The government believes the constitution provides a strong enough guarantee of religious freedom and should not be changed. Some restrictions are made on Malay texts from non Islamic religions in Peninsula Malaysia, however there are much less restrictions in East Malaysia. Headscarves are mandatory for non-Muslims in certain situations. The MyKad identity card states whether the holder is a Muslim or not.

As Islam is the state religion, the government provides financial support to Islamic establishments and enforces the Sunni form of Islam. State governments can impose Islamic law on Muslims, and the government will offer grants to private Muslim schools that allow a government-approved curriculum and supervision. The government also indirectly funds non-Islamic communities, although to a much smaller degree. The government generally does not interfere with the religious practices of non-Muslim communities. Public schools offer an Islamic religious instruction course which is compulsory for Muslim students, and non-Muslim students take a morals and ethics course.

The government prohibits any publications that it feels will incite racial or religious disharmony, and has asked that religious matters not be discussed in public due to their sensitivity. It claims nobody has been arrested under the Internal Security Act for religious reasons. The government may demolish unregistered religious places of worship, and nongovernmental organisations have complained about the demolition of unregistered Hindu temples. These were often constructed on privately owned plantations prior to independence in 1957. After independence plantations became government property. In 2006 the state of Negeri Sembilan announced the demolition of a Hindu temple, although the temple sought injunction and took it to court. State governments control mosques, appoint imams, and provide guidance for sermon content. The conflict between the federal and state governments over religious authority led to a slow pace of reform and development of laws relating to Islam. Other religious groups, such as the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), have supported political rallies.

Both Barisan Nasional (BN) and the opposition Pan-Malaysian Islamic Party (PAS) party have attempted to deliver political messages using mosques in the states they govern. All civil servants must attend government-approved religion classes. BN has banned opposition-affiliated imams from mosques, enforced restrictions on sermons, replaced opposition sympathetic mosque leaders and governing committees, and closed down unauthorised mosques affiliated with the opposition. The state government of Selangor in August 2005 withheld visas from foreign imams to try to increase the number of local imams. PAS, which controls the state of Kelantan restricts imams affiliated with BN from their mosques. It is thought that support for a moderate Islam led to the 2004 election victory of BN over PAS in the state of Terengganu. Both parties became more Islamic in the 1980s and 1990s to try to obtain more of the Malay vote. Political problems are often portrayed as religious issues.