page_title: Apostasy in Islam
section_title: Malaysia
hierarchical_section_title: Apostasy in Islam / Apostasy in the recent past / Malaysia
caption_attribution_description: English: Datuk Seri Shahidan Kassim is the former Menteri Besar of Perlis.
context_page_description: Apostasy in Islam is commonly defined as the conscious abandonment of Islam by a Muslim in word or through deed. It includes the act of converting to another religion or non-acceptance of faith to be irreligious, by a person who was born in a Muslim family or who had previously accepted Islam. The definition of apostasy from Islam and whether and how it should be punished, are matters of controversy and Islamic scholars differ in their opinions on these questions.
  According to the classical legal doctrine, apostasy in Islam includes not only an explicit renunciation of the Islamic faith, but also any deed or utterance implying unbelief, such as one denying a "fundamental tenet or creed" of Islam. Islamic jurists did not formulate general rules for establishing unbelief, instead compiling sometimes lengthy lists of statements and actions which in their view implied apostasy. Apostasy does not include individuals who were forced to embrace Islam under conditions of duress or acts against Islam or conversion to another religion that is involuntary, forced or done as concealment out of fear of persecution or during war.
context_section_description: Malaysia does not have a national law that criminalizes apostasy and its Article 11 grants freedom of religion to its diverse population of different religions. However, Malaysia's constitution grants its states (Negeri) the power to create and enforce laws relating to Islamic matters and Muslim community. State laws in Kelantan and Terengganu make apostasy in Islam a crime punishable with death, while state laws of Perak, Malacca, Sabah, and Pahang declare apostasy by Muslims as a crime punishable with jail terms. In these states, apostasy is defined as conversion from Islam to another faith, but converting to Islam is not a crime. The central government has not attempted to nullify these state laws, but stated that any death sentence for apostasy would require review by national courts. Ex-Muslims can be fined, jailed or sent for counselling.
  National laws of Malaysia require Muslim apostates who seek to convert from Islam to another religion to first obtain approval from a sharia court. The procedure demands that anyone born to a Muslim parent, or who previously converted to Islam, must declare himself apostate of Islam before a Sharia court if he or she wants to convert. The Sharia courts have the power to impose penalties such as jail, caning and enforced "rehabilitation" on apostates – which is the typical practice. In the states of Perak, Malacca, Sabah, and Pahang, apostates of Islam face jail term; in Pahang, caning; others, confinement with rehabilitation process.
  The state laws of Malaysia allow apostates of other religion to become Muslim without any equivalent review or process. The state laws of Perak, Kedah, Negeri Sembilan, Sarawak, and Malacca allow one parent to convert children to Islam even if the other parent does not consent to his or her child's conversion to Islam.
  In a highly public case, the Malaysian Federal Court did not allow Lina Joy to change her religion status in her I/C in a 2–1 decision.
  In August 2017, a picture from a gathering of the Atheist Republic Consulate of Kuala Lumpur was posted on Atheist Republic's Facebook page. Deputy Minister of Islamic Affairs Asyraf Wajdi Dusuki ordered an inquiry into whether anyone in the picture had committed apostasy or had 'spread atheism' to any Muslims present, both of which are illegal in Malaysia. The next day, Minister in the Prime Minister's Department Shahidan Kassim stated atheists should be "hunted down", as there was no place for groups like this under the Federal Constitution. Atheist Republic (AR) members present at the gathering reportedly received death threats on social media. Canada-based AR leader Armin Navabi asked: "How is this group harming anyone?", warning that such actions by the government damaged Malaysia's reputation as a "moderate" Muslim-majority (60%) country. The uploads sparked violent protests from some Malaysians calling Navabi an 'apostate' and threatening to behead him. A Kuala Lumpur AR Consulate admin told BBC OS that such meetings are just socialising events for 'people who are legally Muslim, and atheists, and people from other religions as well'. In November 2017, it was reported that Facebook had rejected a joint government and Malaysian Communications and Multimedia Commission demand to shut down Atheist Republic's page and similar atheist pages, because the pages did not violate any of the company's community standards.
caption: Minister Shahidan Kassim: "The Federal Constitution does not recognise people without religion (...).
  I suggest we hunt them down."[257]
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