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SINGAPORE JOURNAL OF LEGAL STUDIES

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    Legislating Faith in Malaysia

    Citation: [2007] Sing JLS 264
    Although the Federal Constitution is the supreme law of the land, the dual legal system in Malaysia basically means Muslims in the country are governed under the Islamic or Syariah law. The matter relating to conversion to and renouncement of Islam is not specifically stated in the State List under the Federal Constitution. There has been considerable controversy on this matter in recent times. Challenges and difficulties faced by individuals in the predicament of conversion and/or renouncement seemed insurmountable with the civil courts refusing to hear such matters on the ground that they lack jurisdiction. This article will assess the viability and feasibility of legislating on faith in multi-racial and multi-religious Malaysia by analyzing the applicable constitutional provisions and the relevant cases, including the controversial Lina Joy case.
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