Page 141 - 马佛青55周年特刊
P. 141

In 2024, the landscape of Freedom of Religion or Belief                             Opinion Articles
                             (FoRB) in Malaysia witnessed a complex interplay
                             between judicial assertiveness and the expanding
                             reach  of religious  conservatism.  While  the  judiciary
                             took notable steps to uphold constitutional rights—

                             particularly in high-profile cases like Loh Siew Hong’s—
                             these gains were overshadowed by legislative proposals
                             and social tensions that increasingly restricted the rights

                             of  religious  minorities,  especially  non-Muslims.  Amid
                             growing polarisation, heightened enforcement of Syariah
                             laws, and the politicisation of religious sentiments, the
                             space for pluralistic belief systems continued to shrink.



                             This article examines the key developments in Malaysia’s
                             FoRB situation during 2024, the implications for non-
                             Muslim communities, and strategies for coping with and

                             addressing these challenges.





                                Judicial Developments and Legislative Regressions



                                                ne of the most important legal milestones in 2024 was the
                                          O Federal Court’s decision in Loh Siew Hong’s case, which
                                      reaffirmed the constitutional requirement that both parents must consent
                                      to  a  child’s  religious  conversion.  This  decision  echoed  the  earlier
                                      precedent set in M. Indira Gandhi’s case and marked a significant
                                      victory for civil rights advocates. However, this judicial progress
                                      occurred alongside increasingly assertive legislative initiatives, such as
                                      the proposed amendments to the Syariah Courts (Criminal Jurisdiction)
                                      Act 1965 (RUU355) and the Mufti (Federal Territories) Bill 2024. These
                                      proposals, if enacted, could expand the powers of Syariah courts and
                                      religious authorities in ways that might erode civil liberties and affect
                                      non-Muslim communities.










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