Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid

Apostasy in Islam is commonly defined as the rejection in word or deed of one's former religion by a person who was previously a follower of Islam. This article aims to examine the effect of ownership of an apostate toward Malay Reservation Land’s title, which can only be owned and dealt over b...

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Main Author: Abdul Rashid, Rusnadewi
Format: Conference or Workshop Item
Language:English
Published: 2015
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/35649/
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author Abdul Rashid, Rusnadewi
author_facet Abdul Rashid, Rusnadewi
author_sort Abdul Rashid, Rusnadewi
building UiTM Institutional Repository
collection Online Access
description Apostasy in Islam is commonly defined as the rejection in word or deed of one's former religion by a person who was previously a follower of Islam. This article aims to examine the effect of ownership of an apostate toward Malay Reservation Land’s title, which can only be owned and dealt over by Malays or persons deemed native residents of the state. This relates to the issue as to whether an apostate is still considered as ‘Malay’ since religion is an essential element of Malay ethnic identity. Under Article 160 (2) of the Federal Constitution and all thirteen States of Malay Reservation Enactments in Malaysia, the use of the term ‘Malay’ refers to a person professing Islam. If this interpretation is to be applied strictly, a Malay citizen who converts out of Islam may no longer considered ‘Malay’ under the law and hence denied the privilege afforded to Malays under the Article 89. The result from the literature reviews shows that the previous discussion construed Islam as an identity of Malay. However, there is no study carried out to suggest that apostasy become a ground for forfeiture of Malay Reservation Land title. This article is based on a qualitative study and the approach applied is a content analysis methodology. This paper will attempt to delve into the definition of Malay and the effect of apostasy towards the ownership of Malay Reservation Land. It is expected that the paper will provide the answer regarding the ownership of Malay Reservation Land title in Malaysia held by an apostate.
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spelling uitm-356492021-09-09T07:53:17Z https://ir.uitm.edu.my/id/eprint/35649/ Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid Abdul Rashid, Rusnadewi Apostasy Constitutional law Apostasy in Islam is commonly defined as the rejection in word or deed of one's former religion by a person who was previously a follower of Islam. This article aims to examine the effect of ownership of an apostate toward Malay Reservation Land’s title, which can only be owned and dealt over by Malays or persons deemed native residents of the state. This relates to the issue as to whether an apostate is still considered as ‘Malay’ since religion is an essential element of Malay ethnic identity. Under Article 160 (2) of the Federal Constitution and all thirteen States of Malay Reservation Enactments in Malaysia, the use of the term ‘Malay’ refers to a person professing Islam. If this interpretation is to be applied strictly, a Malay citizen who converts out of Islam may no longer considered ‘Malay’ under the law and hence denied the privilege afforded to Malays under the Article 89. The result from the literature reviews shows that the previous discussion construed Islam as an identity of Malay. However, there is no study carried out to suggest that apostasy become a ground for forfeiture of Malay Reservation Land title. This article is based on a qualitative study and the approach applied is a content analysis methodology. This paper will attempt to delve into the definition of Malay and the effect of apostasy towards the ownership of Malay Reservation Land. It is expected that the paper will provide the answer regarding the ownership of Malay Reservation Land title in Malaysia held by an apostate. 2015-12 Conference or Workshop Item PeerReviewed text en https://ir.uitm.edu.my/id/eprint/35649/1/35649.pdf Abdul Rashid, Rusnadewi (2015) Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid. (2015) In: ICOMHAC2015 eproceedings, 16-17 Disember 2015, Century Helang Hotel, Pulau Langkawi.
spellingShingle Apostasy
Constitutional law
Abdul Rashid, Rusnadewi
Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid
title Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid
title_full Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid
title_fullStr Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid
title_full_unstemmed Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid
title_short Apostasy: a legal implication on Malay reservation land’s ownership / Rusnadewi Abdul Rashid
title_sort apostasy: a legal implication on malay reservation land’s ownership / rusnadewi abdul rashid
topic Apostasy
Constitutional law
url https://ir.uitm.edu.my/id/eprint/35649/