Time for special legislation to regulate non-Muslim places of worship - Lawyer

SHAH ALAM – The government has been urged to introduce a specific law to regulate the approval, construction, and management of non-Muslim places of worship across the country.

Senior lawyer Mohamed Haniff Khatri Abdulla said such legislation was necessary following the controversy over the Dewi Sri Pathra Kaliamman Hindu temple, which was alleged to have been built illegally on waqf (endowment) land owned by textile company Jakel Trading Sdn Bhd in Kuala Lumpur.

He claimed that thousands of non-Muslim places of worship nationwide have been constructed without proper authorisation, whether on private land, state-owned land, or federal land.

"To prevent this from recurring, I believe it is time for the federal government to introduce a law to regulate, oversee, and formalise the establishment of non-Muslim places of worship in Malaysia.

"This is particularly important as the approval and governance of mosques and suraus fall under state government jurisdiction, as outlined in the Ninth Schedule of the Federal Constitution," he said in a video posted on social media on Sunday.

Haniff stressed the need for engagement sessions with all relevant stakeholders to draft the bill before presenting it in Parliament for debate and approval.

He added that such legislation was crucial in preventing future disputes over the construction of non-Muslim places of worship.

"There is an existing law in Penang—the Hindu Endowment Enactment, which has been in effect since 1906—that empowers a specific council to regulate and manage Hindu temple construction in the state.

"This enactment has played a significant role in helping the state government control unauthorised temple constructions, whether on private or government-owned land," he said.

Haniff said he believed similar legislation should be introduced nationwide.

"With this law in place, the federal government would have the authority to regulate applications, licensing, development and legal land ownership for the construction of non-Muslim places of worship.

"It would also allow the government to provide assistance to legally sanctioned places of worship," he said.

He also suggested that Jakel take legal action to ensure the temple management vacates the waqf land as required.

He also supported a statement by lawyer Dr Shamsher Singh Thind, who emphasised that religious freedom does not justify trespassing on private property.

"According to Shamsher, Article 11 of the Federal Constitution guarantees freedom of religion, but it does not override Article 13, which protects property rights," he added.