Don’t selectively read the Constitution


I refer to the report “Interfaith group slams ‘unconstitutional’ hadith teachings in national schools”.

According to it, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has called unconstitutional the Education Ministry’s launch of Imam Al-Nawawi’s 40 Hadith appreciation module in schools.  

In a statement, the group said the Federal Constitution allows every person to practise their own religion and they can’t be instructed to take part in any religious act or worship other than their own. 

“Article 12(2) provides that ‘Every religious group has the right to establish and maintain institutions for the education of children in its own religion’. Thus, the 40 hadith can be taught in Islamic religious schools but in national schools, it may be unconstitutional to do so. 

“Further Article 12(3) provides that ‘No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own’. Thus, constitutional provision protects persons including students from taking instruction in any religion other than their own,” MCCBCHST added. 

Article 12(3) reads as follows: 

Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the federation or a state to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose. 

Based on the above, the federal government is mandated by Article 12(2) to provide or assist in providing instruction in the religion of Islam. 

Given the reported clarification by the Education Ministry that the newly introduced module in school is intended for Muslim students within public schools only, the initiative looks legitimate. 

It reminds me that one cannot selectively read the law, particularly the Constitution. – August 25, 2023.  

* Hafiz Hassan reads The Malaysian Insight.  

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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