Malaysia: Backsliding on Protecting the Freedom of Religion
10 July 2007 7:00 pm

Malaysia released Revathi Masoosai last week after forcing her to spend six months in detention followed by a stay in a religious rehabilitation centre as punishment for renouncing Islam in favour of Hinduism. Court rulings that apply a strict interpretation of Islam on the population are undermining Malaysia’s claims of religious tolerance.
Malaysia released Revathi Masoosai last week after forcing her to spend six months in detention followed by a stay in a religious rehabilitation centre as punishment for renouncing Islam in favour of Hinduism. Court rulings that apply a strict interpretation of Islam on the population are undermining Malaysia’s claims of religious tolerance.

Revathi Masoosai’s case highlights increasing religious tensions in Malaysia¹, undermining the country’s claim of tolerance and commitment towards safeguarding the rights of its diverse population to practise their own religious belief.² Around 60 per cent of the population are Muslim; recent religious disputes have favoured a strict interpretation of Islam.³ The most recent case was that of Lina Joy, a Christian convert who was denied the right to change her religious status from Islam on her identity card in May.

After spending six months in an Islamic rehabilitation centre for renouncing Islam for Hinduism, Revathi, a Muslim-born Malaysian woman, was released on Thursday, 5 July 2007. Born to ethnic-Indian Muslim parents, Revathi claims she was raised as a Hindu by her Hindu grandmother. She changed her name from Siti Fatimah Abdul Karim, and married a Hindu man, Suresh Veerappan, in 2004. The marriage was not legally registered because as a Muslim, Revathi is not allowed to marry a non-Muslim under Shariah law.⁴ Revathi was detained in January of this year at the Ulu Yam Rehabilitation Centre when she sought to officially change her religion from Islam to Hinduism in the Shariah courts. Authorities also removed Revathi’s daughter from her husband’s custody and handed her to Revathi’s Muslim parents.⁵

Revathi accused Islamic religious police of mental torture and intimidation during her detention, where the centre “tried to make her pray as a Muslim, wear a head scarf and eat beef”. The Malacca Shariah High Court released Revathi on the condition that she is placed under her parents’ custody with her child while continuing religious counselling. Despite her ordeal, Revathi affirms that she will never return to her original faith and will continue practising Hinduism.⁶

Under Article 11 in Malaysia’s constitution, “Every person has the right to profess and practice his religion,” hence arresting people for their religious belief violates the constitution.⁷ Although not legally binding, Malaysia is encouraged to adhere to the Universal Declaration of Human Rights where Article 18 states “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief”.

Malaysia is a State Party to the Convention on the Elimination of Discrimination against Women (CEDAW), where Article 2(f) states that the state must “take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women”.

In addition to trampling Revathi’s religious freedom, several observers such as the Malaysia Hindu Sangam (MHS) president, Datuk A. Vaithilingam, expressed concern over the conditions of her release, claiming it infringes on other rights.⁸ By separating Revathi and her child from her husband, the state is infringing on her right to form a family. This right is guaranteed under Article 16 in CEDAW which states that “State Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family matters…The same right freely to choose a spouse…”

Although Malaysia is a state party to CEDAW, Article 2(f) and 16 are among several articles that the country have put reservations on – which can be seen as an attempt to impose intolerant policies on Muslims who try to convert from their religion.

Because Islam is Malaysia’s official religion, the country follows a dual justice system – both civil and Shariah law. Shariah courts are used to govern personal affairs of Muslims, such as in marriage, child custody or inheritance.⁹ Shariah courts forbid the renunciation of Islam or marriage to non-Muslims, and send alleged offenders for counselling at rehabilitation centres instead. If the concerned individuals refuse to cooperate, they are fined or jailed.¹⁰

Nevertheless, after Revathi’s release from the rehabilitation centre, Malaysia’s Prime Minister Abdullah Ahmad Badawi, has “vowed to look into politically sensitive cases” of Muslims seeking to renounce Islam for other religions. He told reporters that Islamic religious authorities should be ready to handle conversion cases, stating, “We have to be ready to listen and to solve the problems…This is not something that cannot be done. For those who don’t want to be Muslims anymore, what can you do?”¹¹

¹ http://in.today.reuters.com/news/newsArticle.aspx?type=worldNews&storyID=
2007-07-09T200815Z_01_NOOTR_RTRMDNC_0_India-283912-1.xml
² http://www.time.com/time/magazine/article/0,9171,1626720,00.html
³ http://www.iht.com/articles/ap/2007/07/06/asia/AS-GEN-Malaysia-Religious-Dispute.php
⁴ http://www.iht.com/articles/ap/2007/07/06/asia/AS-GEN-Malaysia-Religious-Dispute.php
⁵ http://english.aljazeera.net/News/aspx/print.htm
⁶ http://www.iht.com/articles/ap/2007/07/06/asia/AS-GEN-Malaysia-Religious-Dispute.php
⁷ http://english.aljazeera.net/News/aspx/print.htm
⁸ http://thestar.com.my/news/story.asp?file=/2007/7/7/courts/18240480&sec=courts
⁹ http://www.iht.com/articles/ap/2007/06/19/asia/AS-GEN-Malaysia-Minority-Rights.php
¹⁰ http://in.today.reuters.com/news/newsArticle.aspx?type=worldNews&storyID=
2007-07-09T200815Z_01_NOOTR_RTRMDNC_0_India-283912-1.xml
¹¹ http://in.today.reuters.com/news/newsArticle.aspx?type=worldNews&storyID=
2007-07-09T200815Z_01_NOOTR_RTRMDNC_0_India-283912-1.xml