Abolish Federal Constitution’s Article 11(4)
If Muslims really want freedom of expression and the liberty to read whatever they want to read, then Article 11(4) of the Federal Constitution should be abolished.
Boo Su-Lyn, The Malay Mail Online
I agree with the Federal Court decision to dismiss Ezra Zaid’s legal challenge against Section 16 of the Shariah Criminal Offences (Selangor) Enactment 1995 in the case of religious authorities seizing the Malay translation of Irshad Manji’s Allah, Liberty and Love.
Ezra, director of ZI Publications, and his company had tried to nullify Section 16 of the Selangor Shariah law that prohibits the publication of books or documents that are “contrary to Islamic law.”
The apex court rightly noted that Article 74(2) of the Federal Constitution allows states to enact Islamic laws relating to offences by Muslims against the precepts of Islam.
More importantly, Article 11(4) of the Federal Constitution clearly states that federal or state laws may be enacted to “control or restrict the propagation of any religious doctrine or belief” among Muslims.
Section 16 of the Shariah Criminal Offences (Selangor) Enactment 1995, thus, appears to be consistent with Article 74(2) and Article 11(4) of the Federal Constitution.
If Muslims really want freedom of expression and the liberty to read whatever they want to read, then Article 11(4) of the Federal Constitution should be abolished.
Article 11(4) contradicts Article 10 that protects the right to freedom of speech and expression.
While liberals may argue that the Federal Constitution is supreme to Islamic law and point to the Court of Appeal decision in the transgender case — which ruled that Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992, which prohibits cross-dressing, was unconstitutional as it violated fundamental liberties like freedom of expression – Article 11(4) is a salient point in Ezra Zaid’s case.
We need to get rid of the idea that the Federal Constitution is an untouchable document that must be upheld at all costs, be it the provisions related to Islam or fundamental liberties. Law professor Datuk Dr Shad Saleem Faruqi reportedly said that the Federal Constitution has been amended 51 times since Malaysia’s independence in 1957.
