| MCCBCHS’
Alternative Guidelines
Article
11 of the Federal Constitution provides,
11.1
Every person has the right to profess and practise his religion and subject
to Clause 4 to propagate it.
11.2
No person shall be compelled to pay any tax the proceeds of which are specifically
allocated in whole or in part for the purposes of a religion other than
his own.
11.3
Every religious group has the right
A.
To manage its own religious affairs;
B.
To establish and maintain institutions for religious or charitable purposes;
and
C.
To acquire and own property and hold and administer it in accordance with
the law.
11.4
State law and in respect of the Federal Territory, Federal Law may
control or restrict the propagation of any religious doctrine or belief
among persons professing the Muslim religion.
11.5
This article does not authorize any act contrary to any general law relating
to public order, public health or morality.
The
above article emphasizes our fundamental rights to practise and propagate
our respective religions.
Approving Authorities
The
Local authority when approving an application for non-Muslim place of worship
should consult the respective religious body if the need arises and not
any other Islamic Bodies.
Existing Places of Worship
All
existing places of worship should be retained and legalised especially
those which have been built in places:
-
Where
the land has been allotted by land owners.
-
Where
the land has been allotted to employees by employers for their spiritual
and religious needs. Examples are: Jabatan Kerja Raya, Tenaga National
Berhad, Keretapi Tanah Melayu, Plantations, Tin Mines and many others.
-
Which
are on state land including leasehold land.
As
the people have the fundamental right to choose, practise and propagate
their religion, they also have the right to determine where their respective
places of worship ought to be.
Any
existing places of worship of non-Muslims that are close to any mosque
should be retained and the question of its removal should not arise at
all. In many towns in Malaysia, places of public worship of all religious
groups exist side by side. This has been the situation in the history
of Malaysia, which is multi-racial and multi-religious. Each group
has always respected the other. Proximity of places of worship will
only spread good will and promote a harmonious society.
There
should be no restrictions on renovations on existing places of worship
as the population of non-Muslims have increased and continue to increase
and the needs of the people have to be met. Any changes or renovations
to existing places of worship should only be determined by the particular
religious group.
Development
should take note of existing places of worship – whose existence must be
maintained and continued at all costs – and the religious needs of the
community must be recognised and provided for.
Building Design
All
buildings for places of worship should maintain their respective religious
characteristic of its own religious traditions and scriptures (Agamas).
There should be no limit to size and height of buildings for places of
worship.
Criteria for Places of Worship
There
should be no criteria for the building of places of worship for non-Muslims.
By virtue of article 11.1 of the Federal Constitution, the needs of every
person in any area to profess and practise his religion should be provided
for.
Buildings of Places of Worship as
Symbols of Harmony
As
Malaysia is a multi-religious and multi-racial country, the existence of
places of worship built according to the various religious traditions can
only be testimony to a harmonious country. The religious sensitivities
of each group should be respected and citizens should be encouraged to
respect and honour their fellow Malaysians of other faiths. This
is absolutely essential to bring about peace and unity in Malaysia.
In the overall planning of new housing estates, as well as in the structural
plans, provisions be made for religious sites to be zoned for all religions.
Formation of National Interreligious
Advisory Council
All
matters pertaining to religion should be referred to a national interreligious
advisory council which should be established. This council should
comprise leaders of all the religious groups including Muslims.
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