Apostasy: Tighten law, says Negri Sembilan mufti
Malaysiakini.com
Nov 29, 2006
Fauwaz Abdul Aziz

The mufti of Negri Sembilan, the only state with Syariah provisions providing for a court process for Muslims seeking to leave Islam, wants stiffer preventive and punitive measures against apostasy. 

Mohd Murtadza Ahmad said Muslim specialists in various fields - including law experts - have to come together to draw up effective mechanisms to tackle the issue from different aspects.

“A preventive and punitive law on apostasy needs to be formulated. It needs to take into consideration the related (Syariah) provisions on issues like property, inheritance and the family household,” said Murtadza.

Other aspects that need to be considered include Syariah provisions pertaining to marriage, maintenance, dowry, lineage, custody, guardianship and jointly acquired property.

“Apostasy can effect the collapse of the institution of family and Islamic society. Our failure to defend these two institutions will lead to the collapse of Islam and the Muslim community,” he said.

Murtadza was speaking at a two-day ‘Convention on Freedom of Religion and the Issue of Apostasy: Towards a Practical Resolution’ held at the International Islamic University Malaysia (IIUM) in Gombak, Kuala Lumpur from today.

Negri Sembilan’s Administration of Islamic Law Enactment 1991 (amended 1995) provides for Muslims to declare renunciation of Islam at the state Syariah court or Islamic Affairs Department.

In 2003, the law was amended again to provide for extension of the 30-day period of counselling and rehabilitation - contained in the older enactment - to 90 days. This could be extended up to a year at the discretion of the Syariah court judge.

Negri Sembilan has the highest number of court-granted renunciations of Islam, mainly involving converts to Islam. Between 1994 and 2003, there were 16 such conversions. 

Pahang, Perak, Malacca, Sabah, and Terengganu are the only states that criminalise apostasy by imposing fines not exceeding RM3,000 and/or imprisonment of not more than two years.

Pahang’s syariah laws contain the harshest sentences where, upon conviction, an apostate is liable to a fine not exceeding RM5,000 and/or imprisonment of not more than three years, and possibly six strokes of the cane.

Other states have no provisions that recognise apostasy from Islam.

Disagreement over ISA

Met later, Murtadza said a stricter and refined law on apostasy is required “to address the challenges we currently face”.

He declined to comment on whether or not he thought the current state Syariah enactment on apostasy was inadequate and if the same stringency as in Pahang, Perak, Malacca, Sabah or Terengganu is required.

IIUM researcher Dr Zulkifly Muda caused a stir among some participants and organisers of the convention when he said the Internal Security Act (ISA) can be used against apostates.

During his presentation, he said the security law could be used because - in the absence of hudud (prescribed Syariah criminal) punishment - the government’s Islam Hadhari programme calls for the ‘safeguarding, dignifying and protection of the religion’.

Other participants disagreed with him when interviewed for their comments.

Fellow IIUM researcher Shamrahayu Abdul Aziz said that, with all the questions surrounding the ISA and its use, it should not be used in the context of apostates.

“The fact that there is no judicial review, for example, for ISA detention, raises questions of whether it is Syariah-compliant,”she said.

“Unless the apostate in question is also raising the possibility of racial or religious riots or other national security, the ISA would not be the solution to the problem.”

Dr Zulfakar Ramlee, one of the organisers, also disagreed, saying he would have asked for the statement to be retracted had there been enough time. Zulkifly’s reference to the ISA was not in his paper.

“The ISA has its own controversies. Using the ISA to combat apostates would invite even more,” said Zulfakar when contacted.

Another participant, Muslim Youth Movement of Malaysia (Abim) president Yusri Mohamad said the ISA should be used only in the most extreme of circumstances.

“Perhaps in the extreme or worst-case scenario where certain apostates are threatening peace and order and their activities suggest grave security consequences and the authorities have trouble compiling the evidence (to prosecute), the ISA can be used,” said Yusri.

“For the moment, however, the problem of apostasy has not reached the extent that can justify calling for the use of the ISA.”

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