State of the World's Minorities 2006 - Malaysia

In Malaysia, the state-sanctioned affirmative bumiputera (indigenous) policy, which is often seen as discriminatory towards the minority Chinese and Indian population, was being debated openly more and more by the mainstream media. Previously such issues were considered 'sensitive'. Although the debates are often ethnically charged, the very fact that such issues are allowed to be debated is a positive step. The debates brought into question the whole affirmative policy, with even the government admitting that one of the main goals of the affirmative policy – giving the bumiputera ownership of at least 30 per cent of the country's corporate wealth – was not achieved. Many bumiputera businessmen who were given exclusive contracts and licences by the government simply sold them to the Chinese or, in many cases, subcontract the work to Chinese contractors.

The new leadership in Malaysia, under Prime Minister Abdullah Badawi, who took over from Mahathir Mohammad in November 2003, has shown itself to be more transparent.

There are, however, problems relating to minority non-Islamic faiths. Non-Muslims make up about 40 per cent of Malaysia's population. Islam is the official state religion and, while freedom of religion is respected by the state, some restrictions are placed on non-Islamic faiths, mostly in the area of proselytizing. Muslims come under the purview of Syariah courts while non-Muslims come under civil law. Problems arise when there are mixed marriages. In 2004, Shamala Sathiyaseelan, a Hindu woman, went to the civil courts to challenge the conversion to Islam of her two young children (both aged under 5). Without her knowledge, her estranged husband, an ethnic Indian, converted to Islam together with the children. Under civil law, children under the age of 18 cannot change their religion without the parents' consent. Despite this, the Syariah court had awarded the custody of the children to her husband because he was a Muslim looking after Muslim children. As a non-Muslim, Shamala cannot appear before the Syariah court. When she went to the civil court, it refused to intervene, arguing that it does not have jurisdiction. It ruled, however, that the children should stay temporarily with her, but she cannot expose them to any non-Islamic religion or practice. Because there is no legal remedy to the issue, as the civil and Syariah courts are equal, Shamala fled Malaysia with the children. Unless the state clearly draws the line separating Muslims and non-Muslims in legal matters, cases like this will become more frequent.