A minor (under the age of 18, under federal law) is generally not allowed to convert to another religion without express parental permission; However, the laws of some states allow conversion to Islam without permission after the age of 15. A 2018 decision of the Federal Supreme Court ruled against the unilateral conversion of children by a Sharia court without the consent of both parents. The decision said civilian courts have jurisdiction to exercise supervisory powers over administrative decisions of the islamic state authorities. Some states have laws prohibiting the use of Malay-language religious terms such as the use of the term “Allah” for God by Christians, but the authorities do not actively enforce them. The Lina Joy case challenged this view of the situation by bringing the issue of apostasy to federal court in 2007. Lina Joy lost the case and was denied identification as a Christian on her identity card. This clarified the situation regarding the overlap of jurisdictions between Islamic and secular courts in Malaysia. Tax laws allow a tax exemption for registered religious groups for donations received and a tax deduction for individual donors. Donors who give zakat (tithing) to Muslim religious organizations receive an additional tax payment. Donors to government-recognized non-profit organizations (including certain non-Muslim religious groups) may receive a tax deduction on the contribution instead of a tax refund. The nation maintains two parallel judicial systems in the country (see: Courts of Malaysia).

One of them is the secular judicial system, which is based on laws issued by parliament. The other is Sharia (Syariah, Islamic law). Supposedly, Sharia courts only have jurisdiction over people who call themselves Muslims. Therefore, this means that non-Muslims do not have legal status before the Syariah courts. Considering that Islamic laws cannot be applied 100% in this country, the authorities must do everything in their power to contain this. Case law has said that while we can`t do everything, we can`t just leave it out. “Malaysians are rarely allowed to renounce the faith – those who do can be prosecuted under strict laws. Malaysia insists that a non-Muslim who marries a Muslim must accept his faith.

Ms. Siti, a woman of Chinese descent, converted when she married an Iranian Muslim. When her marriage collapsed, she filed a complaint with the Penang court asking to become a Buddhist again. The judge ruled in her favor, saying it was clear that she had never practiced Islam after her conversion and that she continued to pray as a Buddhist. “The court has no choice but to declare that Siti Fatimah Tan Abdullah is no longer a Muslim because she has never practiced the teachings of Islam,” Judge Othman Ibrahim said. |||| In March, Deputy Minister of Religious Affairs Ahmad Marzuk Shaary said state governments had been ordered to take steps to ensure that religions other than Islam are further restricted in spreading their faith to Muslims. The deputy minister of the Prime Minister`s Ministry further posted on his official Facebook account that the constitution already allows states and federal territories to change their laws to control and curb the spread of non-Muslim religions. His message read: “This authority derives from Article 11(4) of the Constitution, which states that everyone has the right to worship and practice his faith as he sees fit, but may not propagate or influence others to practice his religion.” He also said the government would call on states that already have laws to control the spread of non-Islamic religions to Muslims to further improve their enforcement activities. – In 2000, an Islamic court sentenced four people to 3 years in prison for apostasy. Muslims who want to convert to another religion must first seek permission from a Sharia court to declare themselves “apostates.” Sharia courts rarely grant such claims, especially for those born Muslim and ethnic Malay, and are reluctant to allow conversion for those who had previously converted to Islam. Sanctions for apostasy vary from state to state.

In the states of Perak, Melaka, Sabah and Pahang, apostasy is a criminal offence punishable by a fine or imprisonment. In Pahang, up to six stick beats can also be imposed. The maximum penalty for apostasy in Kelantan and Terengganu states is death, but this sentence has never been imposed and its legal status has still not been examined. According to former Islamic Affairs Minister Jamil Khir, from 2000 to 2010, the Sharia court approved 135 of the 686 applications for identification as Muslims. NGOs report that most converts to Islam prefer to do so privately, without legal permission. At the national level, civil courts generally cede their authority to Sharia courts when it comes to converting to Islam. In some states, Sharia courts allow one parent to convert children to Islam without the consent of the second parent. The law does not restrict the right of non-Muslims to change their religious beliefs and affiliations. A non-Muslim who wants to marry a Muslim must convert to Islam for the Sharia court to officially recognize the marriage. “The Qur`an forbids Muslims from abandoning their faith, but it does not specify punishments,” said Sohirin Solihin, a professor of Quranic studies at the International Islamic University of Malaysia. But the traditional scriptures or hadiths associated with the Prophet Muhammad forbid death. While efforts to make apostasy a crime punishable by death in Malaysia are unlikely to succeed given the government`s multi-ethnic coalition of Malaysian, Chinese and Indian parties, many fear that obstacles to religious conversion remain.

/+ Freedom of religion is enshrined in the Malaysian Constitution. First, Article 11 provides that everyone has the right to profess and practice his religion and (subject to applicable laws limiting the spread of other religions to Muslims[1]) to spread it. Second, the constitution also provides that Islam is the religion of the country, but that other religions may be practiced in peace and harmony (Article 3). In April 2000, the state of Perlis adopted a Sharia law that subjected “dissidents” and Islamic apostates to 1 year of “rehabilitation” (according to the constitution, religion, including Sharia, is a matter of state). Leaders of the islamic opposition PAS party said the punishment for apostasy – after apostates were given a deadline to repent and do not regret it – is death. The steering committee behind the bill for the commission organized a national conference attended by more than 200 people of all religious backgrounds. There, they established the framework for a commission that could advise relevant parties on the many interfaith issues that arise in pluralistic Malaysia, such as conversion from Islam to another faith, which is considered apostasy in Malaysia. The constitution states that Islam is the “religion of the federation”; but other religions can be practiced in peace and harmony. The federal and state governments have the power to prescribe doctrine to Muslims and to promote Sunni Islam above all other religious groups. Other forms of Islam are illegal.

Sedition laws criminalize statements that “encourage malevolence, hostility, or hatred based on religion.” The government maintains a parallel legal system in which certain civil law issues for Muslims are covered by Sharia law. The relationship between Sharia law and civil law is still not resolved in the legal system. People who have deviated from the official interpretation of Islam have continued to face adverse government measures, including mandatory “rehabilitation” in centers that teach and enforce state-recognized Islamic practices. Sources said there was selective persecution of non-Muslim religions by legal and extra-legal means. In February, the Human Rights Commission (SUHAKAM) opened a public inquiry into the disappearance of a Christian pastor and his wife in 2016. A government-appointed panel formed in 2019 to review SUHAKAM`s findings on the enforced disappearance of another Christian pastor and social activist accused of disseminating Shia teachings in 2016 has made little progress.