Being an atheist in M'sia is not against Federal Constitution, say lawyers

09 Aug 2017 / 22:23 H.

PETALING JAYA: Being an atheist in Malaysia is not against the Federal Constitution, as the freedom to follow a specific religion also protects the rights of an individual not to follow a belief system, said a few lawyers.
Prominent lawyer Andrew Khoo said the Federal Constitution promises that freedom of religion would also include the right not to have a religion.
"It is trite law that the Federal Constitution protects the rights of an individual for the freedom of religion, and this includes not having a religion or a belief," Andrew, who is also Bar Council's Human Rights Committee co-chairman, told theSun in a phone call.
Eric Paulsen from Lawyers for Liberty said that the Constitution guarantees freedom of religion, whether to believe in a God or otherwise.
He was commenting on Minister in the Prime Minister's Department Datuk Seri Shahidan Kassim's call on Tuesday for the government to go after the atheist group as being an atheist in Malaysia contravenes the Constitution.
"His (Shahidan Kassim) understanding of the Constitution and what constitutes human rights is unfortunately rather poor as freedom of religion is guaranteed, and implicit in that right is the right to believe or not to believe in any 'god', religion or system of belief," he told theSun in a Whatsapp message.
However, he said Muslims are subjected to the various state Islamic laws governing them which may prohibit atheism.
Lawyers for Liberty's Latheefa Koya also agreed that Muslims would be prohibited from atheism due to the law which governs them, but added that others are free to choose their beliefs.
"The Federal Constitution doesn't mention any other religion, but we have specific laws on Islam. Any other belief is up to you, the restriction is only for Muslims," she told theSun.
"How is he (Shahidan Kassim) going to define the other religions? Buddhism also doesn't have a God. So how is atheism to be compared. There is a lack of understanding here," she added.
Shahidan wants the government to "hunt" the group who allegedly joined the Kuala Lumpur Atheist Club and urged those who have information about the group to come forward and provide details to the relevant parties.

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