A Chinese girl (with a Muslim name) who from birth has never practiced the religion of Islam, has been a Buddhist/Taoist but was not able to change her identity card status from ‘Islam’ to ‘Buddhist’. She wanted to get married to a Chinese non-Muslim but was unable to do so. They cohabitated and give birth to a son which she managed to give him a Chinese name in his birth certificate through my help. The name of the father was left out of the birth for obvious reason.
Another Chinese boy (with a Muslim name) who wanted to marry a Chinese non-Muslim girl but was unable to do so. They cohabited and they have 5 children. The name of the father was again not stated in the birth certificates of these children.
The disruption of the marriage of Zarinah Abdul Majid reported last year brings to light the plight of hundreds if not thousands of non-muslims whose identity cards stated they are muslims.
Zarinah Abdul Majid was an Indian and a practising Hindu but her marriage to an Indian Hindu was distrupted because her identity card states that she is a muslim.
The right of Zarinah Abdul Majid to change her religious status in her Identity Card is clearly guaranteed by the above said Article 11 of the Federal Constitution.
Article 11 of the Federal Constitution guarantees that every person has the right to profess and practice his religion, and subject to Clause (4), to propogate it.
Clause (4) provides that State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.
Clause (5) also provides that Article 11 does not authorize any act contrary to any general law relating to public order, public health or morality.
It is crystal clear that the only restriction on the freedom of religion in Malaysia is the propogation of any religious doctrine or belief among persons professing the religion of Islam and that the practice of any religion must not go against any law relating to public order, public health or morality.
Society caused the abovesaid couples to cohabit and have children out of wedlock. They are not immoral but we have an immoral society that prohibited their legitimate union. We must stop this immorality of our society by ensuring that the abovesaid couples can be properly married and be recognized in law.
Bringing up children in a normal family is already a challenge. Why are we being so cruel by making it more difficult for the abovesaid couples and their children? Why are we contributing to social problems by refusing to recognize the rights of individuals to profess his/her own religion and the right to get married?
30 years ago, one can change the status of his/her religion by doing a Deed Poll i.e by a signing a statutory declaration that one has changed his/her name and/or religion and have it published in a newspaper. The National Registration Department will then change his/her name and religion as stated in a deed poll.
Subsequently, it was deemed sensitive to advertise a person’s change of religion in the newspaper. It was then agreed that the Majlis Agama Islam of the respective States will issue the necessary letter that one has left the religion of Islam in order for him/her to change his/her religion in his/her identity card.
The present requirement by the National Registration Department that one has to get a syariah court order before it will change the religious status of a person is clearly against the provisions of the Federal Constitution. Such a requirement is in clear breach of Article 11 of the Federal Constitution. How can it be said that one has the freedom of religion if his/her religious belief is decided by a Third Party who will probably impose a punishment on him/her for leaving the religion.
It has been repeatedly many times there is no compulsion in religion even in Islam.
The problem here is not so much Muslims converting out of their faith (as there are legal prohibitions of spreading the religious doctrine or belief to Muslims) but rather the right of non Muslims to practice the faith of their choice. Almost all the cases of people wanting their religion ‘Islam’ removed from their Identity Cards are non Malays.
God gives each of us the freedom to choose, we must not play God by denying an individual the right to choose.