경전과 법전 사이에서: 말레이시아의 이슬람, 헌법, 그리고 종교의 자유
Between God and Government: Islam, Constitution and Freedom of Religion in Malaysia
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The debate on freedom of religion is on the rise in Malaysia. This article claims that the issue of religious freedom should be viewed not from the dichotomous point of view that freedom grows or decreases, but from a larger framework of religion and the state. Freedom of religion in Malaysia is not a question of how far the scope of freedom of faith is allowed, but more a question of why individual faith has to be turned into a problem in the public sphere. This article investigates into the 1957 Federal Constitution and the 1988 constitutional amendment to Article 121, which provided the essential foundation for the politicization of religious freedom in the country. A series of legal lawsuits surrounding the Sharia courts, the cases of Shamala Sathiyaseelan and Lina Joy in particular, will be explored. In sum, Malaysia's unique legal system created by the interactions between religion and the state has constructed an environment that facilitates the politicization of religious freedom.
Abstract
The debate on freedom of religion is on the rise in Malaysia. This article claims that the issue of religious freedom should be viewed not from the dichotomous point of view that freedom grows or decreases, but from a larger framework of religion and the state. Freedom of religion in Malaysia is not a question of how far the scope of freedom of faith is allowed, but more a question of why individual faith has to be turned into a problem in the public sphere. This article investigates into the 1957 Federal Constitution and the 1988 constitutional amendment to Article 121, which provided the essential foundation for the politicization of religious freedom in the country. A series of legal lawsuits surrounding the Sharia courts, the cases of Shamala Sathiyaseelan and Lina Joy in particular, will be explored. In sum, Malaysia's unique legal system created by the interactions between religion and the state has constructed an environment that facilitates the politicization of religious freedom.
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