Ulumuna
Vol. 27, No.1, 2023, p. 1-32
Journal of Islamic Studies Published by State Islamic University Mataram
p-ISSN 1411-3457, e-ISSN 2355-7648, available online at https://ulumuna.or.id
Copyright © 2023_Ulumuna_this publication is licensed under a CC BY-SA
1
PRESERVING CHILD'S FAITH IN MALAYSIAN LAW:
A Maqasidic Approach
Zanariah Noor
1
, Nazirah Lee
2
Faculty of Human Sciences, Sultan Idris Education University
e-mail:
1
zanariah@fsk.upsi.edu.my,
2
nazirah@fsk.upsi.edu.my
Abstract: Preserving faith is the most significant goal for Muslims.
However, fulfilling these objectives in the best possible way according
to the principle of maqāṣid al-sharī’ah(the objective of Islamic law) within
the framework of the dual system of Malaysian law is challenging.
Preserving faith within maqāṣid al-sharī’ah discussion provides
enormous opportunities for Muslims to nurture and protect their
Islamic faith while regulating the laws that prohibit any harmful
elements that could jeopardize it. The Federal Constitution of Malaysia
guarantees everyone's freedom of religion. However, freedom of
religion provided under Malaysian law has restrictions due to the
uniqueness of Malaysian history. This article critically discusses the
maqasidic-approach adopted to preserve Muslim child's faith. This
article examines the government's effort to maintain Muslim child's
faith concerning the laws and policies of education and Malaysian law
on issues linked to the conversion of Muslims to other faiths and vice
versa. The court decision on child's religion cases indicates a distinct
feature of Muslim and non-Muslims' right to freedom of religion under
Malaysian law. There are prospects for utilizing the maqāṣid al-sharī’ah
framework effectively to promote the preservation of a child's faith in
the context of Malaysian law.
Keywords: Maqāṣid al-sharī’ah, Freedom of Religion, Preservation of
Child's Faith, Islamic Law, Malaysian Law
DOI: http://dx.doi.org/10.20414/ujis.v27i1.606
Introduction
RELIGIOUS DIVERSITY is a crucial feature of Malaysia. According to
the 2020 Census, Malaysia has 32 million people, 20 million are
Muslims. Others are Christian (2 million), Buddhist (6 million),
Hindu (1 million), other religions (0.28 million), and atheists (0.27
million). Interethnic marriages account for 8 percent (14,231
marriages in 2020) of all marriages in Malaysia (184589).