When we talk about freedom of religion, we usually think about the right to profess and practice religion.
That is right, but freedom of religion goes beyond that – it includes the right not to have a religion.
Just like a person cannot be subjected against his wish or will to profess or to belong in any religion, he cannot be compelled to profess a religion.
However, this freedom (to have or not to have a religion) applies only to those of the majority age (18 years and above).
Those below the majority age come under the charge of their parents or guardians and are required by law to be subject to their guardians’ choice of religion.
 The right to profess a religion includes the right to: believe or have faith in a religion according to one’s conscience, declare openly and affirm by words or deeds one’s faith and allegiance to the religion of one’s choice.
Furthermore, the individual has the right to wear some apparel – for example a “tudung” (headscarf) or a symbol (a cross as a mark) – to show that he is an adherent and a follower of that particular religion.
Other aspects of “profession of religion” include:
- Adopting a religion where the individual had no previous religious convictions;
- Adopting another religion or changing one’s religion or converting to another religion of one’s conviction; and
- Assuming a new name which may have religious significance, or abandoning and renouncing a former name which also has such significance.
Article 3 of the Federal Constitution, which guarantees citizens the freedom to practise their religion, has two aspects.
Firstly, everyone is to practise his religion peaceably and harmoniously; and secondly, everyone must be permitted to practise his religion in peace and harmony, that is, without unconstitutional compulsion or interference.
The right to practise one’s religion constitutes the active and participatory aspects of the freedom of religion, which includes the right to take part in various forms of worship, prayer, observances, rites, ceremonies and rituals.
Other elements of this right are:
- The right to assemble and associate for religious purposes;
- The right to free and fair access to the principal scriptures, as well as other religious literature, is fundamental to the practice of religion; and
- The right to own, publish and disseminate these literatures and the use of modern media of communication is an integral part of this right.
However, all these are subject to Article 11(5) which limits the exercise of religious freedom on three grounds: public order, public health and morality.
(Lim Heng Seng is the former chairman of the Industrial Court and now a senior partner at a legal firm. He is also a member of the NECF Malaysia Religious Liberty Commission.)
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