Section 28. Takfir. (CRIMES (SYARIAH) ENACTMENT 1992

ENACTMENT NO. 3 OF 1992
CRIMES (SYARIAH) ENACTMENT 1992

PART V - MISCELLANEOUS OFFENCES RELATING TO PUBLIC JUSTICE AND SECURITY

Section 28. Takfir.

A person who utters or implies by words, either spoken or written, or by sign, or by any act, activity or conduct, or by organising, promoting or arranging any activity or otherwise in any manner, that any person professing the Religion of Islam or persons in any group, class or description of persons professing the Religion of Islam-

(i) is an infidel

(kafir);

(ii) has ceased to profess the Religion of Islam;

(iii) should not be accepted, or cannot be accepted, as professing the Religion of Islam; or

(iv) does not believe, fellow, profess or belong to the Religion of Islam,

is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand ringgit or to both:

Provided that this section shall not apply to-

(a)

anything done by any religious authority established, constituted or appointed by or under any written law and empowered to give or issue any

fatwa

or decision or any matter pertaining to the Religion of Islam and

(b)

anything done by any person pursuant to or in accordance with any

fatwa

or decision given or issued by such religious authority, whether or not such

fatwa

or decision is in writing, and if in writing, whether or not it is published in the

Gazette.