The Book of Prof Shad.docx

36 ministry of education circular kp pp0129210 dated

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36 Ministry of Education Circular KP PP0129/210 dated Feb. 5, 1969 37 Among them are the Superior of the Institute of the Franciscan Missionaries of Mary (Incorporation) Ordinance 1957, Daughters of Charity of the Canossian Institute (Incorporation) Ordinance 1957, Synod of the Diocese of West Malaysia (Incorporation) Act 1971 (Act 36), Muslim and Hindu Endowments Ordinance (cap 175), Cheng Hoong Teng Temple (Incorporation) Act 1949 (Act 519), Pure Life Society (Suddha Samajam) (Incorporation) Ordinance 1957, Superior of the Institute of the Congregation of the Brothers of Mercy (Incorporation) Act 1972. 52
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to profess to practise, and subject to Article 11(4), to propagate their religion: Article 11(1). The first refers to beliefs and doctrines. The second refers to exhibition of these beliefs through acts, practices and rituals. The third is about attempts at propagation and transmission of one’s beliefs to others in order to convert them to one’s faith. The law distinguishes between inner beliefs and overt acts. The right to beliefs and doctrines is generally regarded as absolute. 38 Practice and propagation are, however, allowed by Article 11(5) to be regulated on the ground of public order, public health or morality. Freedom of religion is available to citizens as well as to non-citizens: Article 11(1). Article 11(2): There is to be no compulsion to support a religion other than our own. “No person shall be compelled to pay any tax the proceeds of which are specially allocated to a religion other than his own” : Article 11(2). This means that a non-Muslim is constitutionally entitled to refuse to contribute to the funds of zakat, fitrah and baitulmal as these are specially allocated for Islamic purposes. But a non- Muslim cannot refuse to pay a general tax (like income tax) even if part of the revenue is utilized to support Islam, the official religion of Malaysia. Also, the imposition of tax to support a person’s own religion is perfectly constitutional. Thus, a Muslim can be compelled to pay zakat and fitrah. Article 11(3): Every religious group has the right to manage its own affairs; to establish and maintain institutions for religious or charitable purposes; and to acquire and own property and hold and administer it in accordance with law. Article 12(1) & 8(2): There is to be no discrimination on the ground of religion in relation to the rights of students to education or in public support for educational institutions: Article 12(1) and 8(2). Article 12(2): Every religious group has the right to establish and maintain institutions for religious education. Article 12(3): “ No person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own”. The language of Article 12(3) requires a few comments.
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