The Federal Constitution does provide for legal action to be taken against Muslim apostates, said a constitutional expert today.

This is because freedom of religion as provided for in Article 11 should be read together with Article 3(1), which confers a special status to Islam as the religion of the Federation that has not been accorded to the other religions of the country.

Law professor Abdul Aziz Bari, who is deputy dean of research and development at International Islamic University's Research Center, said this at a seminar on "Freedom of Religion and the Issue of Apostasy" in Kuala Lumpur.

"The structure and framework of the constitution allows for such regulative mechanisms. Such mechanisms do not breach the constitution because the constitution places Islam in an exceptional position in comparison to other religions," he said in his paper on the topic.

While Article 11 comprehends the profession, exercise and propagation of the religions, religious propagation is also subject to legal restrictions contained in clause four of the same Article, said Abdul Aziz in his paper.

"These restrictions include controls against the propagation of any religious doctrine or belief among Muslims. This shows the special status accorded to Islam by the constitution."

In defense of such provisions, Abdul Aziz cited the examples of legislation in countries such as France, Germany, Turkey, and Singapore that, while espousing religious freedom, also prohibit polygamy and the wearing of the veil.

'Enforce laws against apostasy'

This indicates, said Abdul Aziz, that even "secular societies, in particular, do not easily accord religious freedom or recognition to religion and spiritual values."

In the Malaysian context, said Abdul Aziz, efforts to restrict the incidence of Muslim apostates is "an internal matter that did not infringe upon religious freedom as such restrictions are not meant to forcibly convert anybody to Islam."

Such standards of religious freedom as contained in international legal instruments, including the Universal Declaration of Human Rights, should only be formally adopted after due process by Parliament, said Abdul Aziz.

"There were more urgent issues at stake such as the incidence of torture of prisoners. Legally, (laws against apostasy) is similar to the process of collecting alms tax and charity: the enforcement of Islam upon the followers of Islam."

In the meantime, he added, the Malaysian courts should strengthen their resolve in applying constitutional provisions that are already in place.

Agreeing with him on the matter was Prof Shamrahayu Abdul Aziz who said there were sufficient enactments in the civil and Shariah courts for the authorities to act in order to stem the tide of apostasy among Muslims.

"This phenomenon is a big challenge that must be confronted with the Muslim community in Malaysia. This serious crime must be contained before it reaches critical proportions in our society," she said in her paper.