PRESERVING CHILD'S FAITH IN MALAYSIAN LAW: A Maqasidic Approach

: Preserving faith is the most significant goal for Muslims. However, fulfilling these objectives in the best possible way according to the principle of maqā ṣ id al-sharī’ah (the objective of Islamic law) within the framework of the dual system of Malaysian law is challenging. Preserving faith within maqā ṣ id al-sharī’ah discussion provides enormous opportunities for Muslims to nurture and protect their Islamic faith while regulating the laws that prohibit any harmful elements that could jeopardize it. The Federal Constitution of Malaysia guarantees everyone's freedom of religion. However, freedom of religion provided under Malaysian law has restrictions due to the uniqueness of Malaysian history. This article critically discusses the maqasidic -approach adopted to preserve Muslim child's faith. This article examines the government's effort to maintain Muslim child's faith concerning the laws and policies of education and Malaysian law on issues linked to the conversion of Muslims to other faiths and vice versa. The court decision on child's religion cases indicates a distinct feature of Muslim and non-Muslims' right to freedom of religion under Malaysian law. There are prospects for utilizing the maqā ṣ id al-sharī’ah framework effectively to promote the preservation of a child's faith in the context of Malaysian law.


Introduction
RELIGIOUS DIVERSITY is a crucial feature of Malaysia. According to the 2020 Census, Malaysia has 32 million people, 20 million are Muslims. Others are Christian (2 million), Buddhist (6 million), Hindu (1 million), other religions (0.28 million), and atheists (0.27 million). Interethnic marriages account for 8 percent (14,231 marriages in 2020) of all marriages in Malaysia (184589).
Malaysia. 10 Meanwhile, civil law or indigenous laws regulate non-Muslims. Due to Malaysia's unique dual law system, tensions will likely occur, such as in cases of child custody between parents of different religions, namely Muslim and non-Muslim. The shariah and civil court judges' verdict is most likely subject to criticism. Thus, maqāṣid al-sharī'ah is a perfect guideline for ensuring the judgment is delivered according to Islamic principles. 11 The constructive role of Islamic ethics in communal affairs is further enhanced by the shariah promoting what is defined as the right and suppressing what is considered wiring in a binding religious obligation on both the individual and the community. 12 In summary, maqāṣid al-sharī'ah is crucial in Malaysia as it could be a guideline in determining the child's best interest. Also, a medium that offers justice to all parties involved in the conflict. The argument comes from the understanding that the principle in the maqāṣid al-sharī'ah would assess the level of necessity, the scope of achieving the purpose, the people included in the process, and the level of universality.

The Maqāṣid al-sharī'ah of Preserving Faith
Discussions about preserving Muslims' faith (religion), whether they are adults or minors, fall under the purview of maqāṣid al-sharī'ah. Allal al-Fasi (d.1964) defined maqāṣid al-sharī'ah as "the hidden meanings (al-asrār) and wisdom that the Lawgiver has taken into account in the enactment of all shariah ordinances." The word maqāṣid al-sharī'ah is a well-known term for Muslims and some non-Muslims in Malaysia. Thus, this article will use the term maqāṣid al-sharī'ah, commonly used in Bahasa Malaysia. Also, the term maqāsid al-sharī'ah in Arabic will be used while discussing the word within the meaning of Islamic jurisprudence. In linguistic terms in the Arabic language, maqāsid al-sharī'ah is made up of two words: maqāsid and al-sharī'ah. The plural form of the maqāsid (singular maqsad) means purpose, objectives, principle, intent, goal, and end. 14 The term al-sharī'ah denotes the Islamic revealed law, founded on the Quranic teachings and prophetic traditions (hadīth and sunnah), guiding Muslims on how to perform their duties in daily life. 15 Legal rulings (fatwa) were derived from interpreting these primary sources through a process known as ijtihād (the counsel of judges on a specific case/independent legal reasoning; literally, an effort by the jurists). The understanding of the process and rulings derived from specific dalīl is known as fiqh, which is open to differing views and opinions on branches of knowledge. Thus, maqāsid al-sharī'ah refers to Islamic law principles that encompass the wisdom of rulings behind Islamic law. It also refers to good ends that the laws aim to achieve by blocking or opening specific means. 16 These objectives of Islamic law are explicitly or implicitly contained in the Quranic texts and prophetic traditions concerning all aspects of Islamic law, such as rulings on personal ritual, transaction, family, criminal, politic, constitution, administration, and international affairs, among many others. The knowledge of maqāsid al-sharī'ah is a prerequisite for someone eligible for the rank of mujtahid (authoritative interpreter of Islamic law). 17 It is critical for Muslims that any regulations or laws imposed on them 14 Shams al-Dīn Ibn Qayyim, I'lām al-Muwaqqi'īn, vol. 3. ed. Taha Abdul Rauf Sa'ad (Bayrūt: Dār al-Jīl, 1973), 3. 15 Ibn Manzūr, Lisān al-'Arab, vol.5 (al-Qāhirah: Dār al-Ḥadīth, 2003 are following Islamic law. When expressing their thoughts on specific legal judgments, those who do not understand Islamic law's overall spirit and purpose, which is ingrained in every passage of the Quran and prophetic tradition, risk making mistakes. Theoretical understanding of the concept of maqāsid al-sharī'ah has gone through several stages. Early scholars who contributed to the theory of al-maqāsid al-sharī'ah emphasized the importance of fulfillment of some good (maṣlaḥah) and avoidance of some mischief (mafsadah). One of the earliest proponents of al-maqāsid theory, 'Abd al-Mālik al-Juwaynī (d.478 AH/ 1085 CE), had, used the term al-maqāsid and al-masālih al-'āmmah (public interests) interchangeably. He suggested that Islamic law aims to protect (al-'ismah) people's faith, souls, minds, private parts, and money. Al-Juwaynī's disciple Abu Hamīd al-Ghazalī (d. 505 AH/1111 CE) believed that al-maqāsid categories belonged under the umbrella of al-masālih al-mursalah (public interests). 18 He also suggested a fundamental rule based on the order of necessities, which means that the higher-order necessities should prioritize lower-order necessities if they generate opposite implications in practical cases. 19 Abū Ishaq Al-Shātibī (d.790 AH/ 1388 CE), in his al-Muwāfaqāt, used the same terminology that al-Juwaynī and al-Ghazalī developed on al-maqāsid. He considered al-maqāsid to be the fundamentals of religion, basic rules of the law, and universals of belief. 20 Jasser Auda criticized the theory of classical al-maqāsid by the early scholars as hierarchical and narrow. Auda proposed a new al-maqāsid theory that emphasizes human development as the main target of maṣlaḥah (public interest). He suggests the systems approach, characterized by its cognitive nature, interconnectedness, wholeness, openness, multidimensionality, and purposefulness. 21 The discussion of the al-maqāsid al-sharī'ah in this article will take place within traditional classifications of maqāsid that are divided into three primary levels: necessities (darūriyyāt), needs (hājiyāt), and luxuries (tahsīniyyāt). The first level, necessities (darūriyyāt), is divided into faith preservation (al-dīn), life preservation (al-nafs), reason preservation (al-'aql), progeny preservation (al-nasl/al-nasb), and wealth preservation (al-māl). The objectives of these rulings (darūriyyāt) are so indispensable that life is impossible without them. Preserving faith, life, reason, progeny, and wealth is two folds -from inside and outside. 22 In this article, I will focus on the preservation of faith.
The maqsad of hifz al-dīn, or preserving the faith, is one of the goals of Islamic law (Islam). Thus, belief in Allah (God), angels, messengers, the day of Judgment, and qadā' (the divine decree that consists of the complete judgment forever) and qadr (the divine measurement referring to the particulars of the judgment and its details) is a fundamental principle that all Muslims should embrace. The Muslims must perform personal obligations (fard al-'ayn) such as daily prayer, fasting during Ramadan, and hajj (pilgrimage) to protect the faith from within. Muslims should not engage in anything bound to mar the purity of the Islamic faith. Preserving religion and protecting it is the most critical aspect of the Muslim's life. It is why human beings were created and placed on this earth. In addition to rules ensuring the establishment of faith as mentioned above, another set of rules exists to protect it against destruction, such as prescribing the duty of jihad (holy war), which is obligatory to the Muslims when there is an external attack on their land. 23 At the same time, Islam recognizes religious freedom (alhurriyyah al-dīniyyah), a fundamental right affirmed in the Quranic verse al-Baqarah, 256, "There is no coercion in religion." This verse prohibits the coerced conversion of non-Muslims to Islam and protects the rights of religious minorities in Muslim countries. According to the Islamic tenet of freedom of belief, everyone has the right to freely choose their religion or way of life. Anyone with sufficient mental capacity can follow any religion or belief they choose. This freedom to choose religion, however, only applies to non-Muslims because Muslims are not allowed to convert to other religions -the reason why instilling fundamental understandings of the pillars of Islam is essential for the Muslim community.

Preserving Child's Faith under Islamic Law
Given the importance of preserving one's faith, it is essential to note that all aspects of Islamic legal rulings emphasize the superiority of faith and religion over other elements. The concept of fitrah is one aspect that promotes faith's primary role in one's life. Fitrah (in the Arabic language) refers to primordial human nature and the fact that humans are born with an innate desire for tawhīd (Oneness), which is Islam. Thus, according to Islamic law, a child in their natural state is considered a Muslim. 24 In other words, every child is born a Muslim with a natural predisposition to become a Muslim. Everyone would be a Muslim without environmental differences or external influences (such as parents or society). According to this concept, Islam acknowledges that all children, whether born of Muslim or non-Muslim parents, enter paradise if they die before reaching the age of tamyīz (discretion). Thus, a deviant man has only his parents to blame for his wrongdoings if they failed to teach his children fundamental Islamic knowledge and the sunnah of the Prophet (p.b.u.h) when they were young. 25 Based on this concept, a foundling (a child of unknown descent), known as al-laqīt in Arabic, found in a Muslimmajority country, is considered a Muslim. 26 Thus, per Islamic legal maxim (qawā'id fiqhiyyah) ‫ِع‬ ‫ب‬ ‫َتا‬ ُ ‫ِع‬ ‫َّاب‬ ‫الت‬ meaning, "the ruling for a follower is the same as the followed," 27 A child is considered a Muslim if their parents are Muslim. Once a child is identified as a Muslim, they will be protected under Islamic law. The child is regarded as a Muslim by default when the child's parents convert to Islam. However, if only one parent embraces Islam, a conflict may arise. Muslim jurists have conflicting views on this issue. According to Abu Hanifah and Ahmad Ibn Hanbal, the child is considered a Muslim by the parent who converted to Islam, regardless of whether it is the mother or father. 28 This decision is based on the Quranic verse, al-Nisa':141 "And never will Allah give the disbelievers over the believers a way [to overcome them." Based on a natural guardian and a paternalistic stance, the Malikites believe that the child's religion only follows the father, regardless of his religious status. 29 A family, community, and state must preserve and protect a child's religion and identity because it is the only way to nourish a Muslim's soul and guide them down the right path, fulfilling their duty as the vicegerent of the earth-an ultimate goal of every human being. Every Muslim must worship Allah through daily prayer (salāh), fasting during Ramadan, and hajj (for those who can). 30 However, this personal ritual is not the only aspect of the Islamic law that Muslims value. It also pervades the public sphere, where the state supports Muslims in carrying out their religious duties while also implementing state law to punish deviant Muslims, such as those who wish to convert to another religion. 31 The objective of the law is to protect Islam from being mocked by those who take it for granted by committing apostasy. The same is true for the duty of holy war, imposed on Muslim men when there is an external attack on Islam. 32 The duty to protect Islam is the highest objective of Islamic law (maqāsid al-sharī'ah).
Inculcating fundamental knowledge of Islam (fard al-'ayn)principles of faith, pillars of Islam, basic rulings of Islamic law, and reciting the Quran according to its rules from an early age is essential to foster a child's Islamic faith. This fundamental understanding is regarded as the foundation of the Islamic faith. A child should also be accustomed to loving Allah's Messenger, Prophet Muhammad, his family, relatives, companions, ancient Islamic leaders, and conquerors. 33 The first few years of a child's life are significant since they shape the rest of the child's existence. During the early years of a child's life, the Prophet Muhammad advised instilling the principles of faith and the pillars of Islam in their mind. Parents should teach their children to utter the word la ilaha illa Allah (there is no God but Allah) from the very beginning of their life, indicating the significance of instilling the understanding of tawhīd in Muslims. It is believed that a child raised in a virtuous environment, a faithful environment, will grow up with unwavering faith and distinguished manners. 34 According to al-Ghazali, a prominent Muslim scholar, education imparted during childhood is like engraving on a stone, the stone may break up but the engraving remains. 35 Although young children, notably those who have yet to reach puberty, may not have an in-depth understanding of fundamental Islamic knowledge, they are at least familiar with the concept. They will understand and easily practice Islamic personal practices once they reach puberty, usually during the teen years, because they have been trained to do so since they were young. personal practices, and Islamic manners is critical for preparing children to be good Muslims. They could easily fulfill all of the requirements imposed by God's decree. They are expected to acquire knowledge and be morally transformed by it. These obligations, if fulfilled, impacted their lives at various points. Muslims should ensure that their children receive an Islamic education to be nourished and prepared on all levels -spiritually, intellectually, and physically to fulfill their obligations as His servants and vicegerents on earth. According to Muslims, knowledge's goal must be "recognizing God's proper place in the order of being and existence." 36 Thus, to foster this spiritual development to be an obedient servant of Allah, a child is instructed to perform the prayer, even at the very young age of seven years. 37 Hence, any doctrine other than Islam should not be introduced to the child. According to Shafi'ites and Hanbalites, a non-Muslim mother is considered unqualified to become a hādinah (custodian) of a young child upon divorce because hadānah (custody) is a form of authority or control, and a non-Muslim should not have authority or power over a Muslim. They quoted the Quran, saying, "... And Allah will never give the disbelievers a way over the believers." 38 The objective of hadānah is to ensure the child's welfare in all aspects of their lives, and preserving their religion is of the utmost importance. Thus, giving a non-Muslim physical custody of a child would jeopardize their faith because the non-Muslim custodian would instill a non-Muslim way of life and expose the child to another religion, as mentioned in the prophetic saying, "Every child is born in a state of fitrah. His parents then make him a Jew, a Christian, or a Magian (fire worshipper In contrast, the Malikites 40 and Hanafites 41 believed that a non-Muslim mother is entitled to hadānah of a young child as long as she is not an apostate. This hadānah right would be granted to her only if it was guaranteed that the food provided for the child is halāl and that the child would not be exposed to anything contrary to Islamic decree. If there is reason to believe the mother will not fulfill these requirements, she cannot be the hādinah. Instead, the child would be given to other parties entitled to hadānah. 42 By the time the child reached the age of tamyīz, their physical custody would be transferred to their Muslim father so that he could teach the child Islamic teachings and protect them from corruption. 43 As previously stated, Islamic law prioritizes the superiority of Islam over other religions. As a result, a child's conversion to Islam is valid, but a child's conversion from Islam to another religion is invalid, according to most jurists. 44 Islamic law recognizes a non-Muslim child's right to embrace Islam as long as they understand the consequences of their actions and when they have the mental capacity (al-'aql) to understand their choice. However, classical Islamic jurists differ on what age they could legally embrace Islam. Most jurists, except the Shafi'ites, view that a child could embrace Islam when they are a mumayyiz (a child with discernment). According to Imam Ahmad, a child's conversion is considered valid when they are seven. 45 This opinion is based on the prophetic saying, "Teach (or instruct) the child to pray when he is seven years old and beat him when he is ten years old." 46 Understanding how to pray can only be internalized when a child can think and discern at the age of seven. 47 It also indicated that the praying performed by a mumayyiz is accepted and rewarded by Allah when they are seven years old. Thus, the pronouncements of shahādah at this age would also be accepted. 48 However, there is a view that even the conversion of a five-yearold child to Islam is acceptable, as suggested by Ibn Abī Syaybah because 'Alī bin Abī Tālib embraced Islam when he was five years old. 49 On the other hand, Abu Hanīfah stated that the minimum age for a person to claim to be a Muslim is ten years old. 50 According to al-Kharqī, he suggested two conditions be met before accepting such a claim from a child. To begin with, they must be at least ten years old. This view is based on a prophetic saying about instructing the child at seven to perform obligatory prayer and beating them as punishment if they refuse at the age of ten. Second, the child must understand Islam, the fact that Allah is the only God and Muhammad is His Prophet. 51 According to al-Shafi'ī and Zufar, the proclamation of Islam can only be accepted if the person has reached puberty (bulūgh). Therefore, a child's conversion to Islam is invalid. This view is based on the prophetic saying, "The pen has been lifted from three: from the sleeper until he wakes up; from the minor until he grows up; and from the insane until he comes back to his senses or recovers." 52 Ibn Qudamah, on the other hand, holds that there is no age limit for a child to embrace Islam because a person is born in a fitrah. Islam is for everyone, adult or child. Thus, it is not appropriate to prohibit someone, including a child, from embracing a religion of truth, Islam, because the Prophet p.b.u.h never denied anyone's proclamation of the shahādah, whether they were children or adults. 53 He argued that the previously mentioned prophetic saying illustrates that while a child's positive deeds are recognized and rewarded, their mistakes The discussion about a child's apostasy among classical jurists is also based on the mental capacity of a child. According to the majority of the jurists (except the Shafi'ites), a child's apostasy is valid if they are a mumayyiz, but an apostate mumayyiz child would not be punished. 58 The Shafi'ites, on the other hand, opined that a mumayyiz child's apostasy is invalid because they are not accountable for any misdeed or sin, as mentioned in the prophetic saying, "The pen has been lifted from three: from the sleeper until he wakes up; from the minor until he grows up; and from the insane until he comes back to his senses or recovers." 59 It follows that for Shafi'ites, the age of puberty is a critical criterion for assessing the validity of a person's conversion to Islam or apostasy. And for the majority of jurists, tamyīz serves as the standard for the validity of someone's conversion to or departure from Islam. The difference is that an adult would be held responsible for punishment, whereas a 54 Ibn Qudāmah,vol. 10,89. 55 Ibn Qayyim,Aḥkām,905. 56 Ibn Hajar al- 'Asqalani, Fathul Baari: Penjelasan Shahih al-Bukhari, vol.7 (Jakarta: Pustaka Azzam, 2004), 341. 57 al- 'Asqalani,Fathul Baari,vol.7,5579. 59 Ibid., 5579.
mumayyiz child would not be penalized for leaving Islam. Regarding these two opposing viewpoints held by these two groups, al-Zuḥaylī stated that he agreed with the majority of jurists regarding the validity of a child's conversion to Islam at the age of tamyīz, and held the same view as the Shafi'ites on the issue of child's apostasy as invalid. 60 The conflict in determining a child's religion does not arise when both parents are of the same religion because their parents' religion determines a child's religion. But, if one of the child's non-Muslim parents converts to Islam, what is the status of the child's religion in Islamic law? According to the majority of jurists, such as Shafi'ites, Hanafites, and Hanbalites, when a parent converts to Islam, either the mother or father, the child adopts that faith because "Islam is superior and should never be surpassed." 61 The Malikites view that the child will follow the father's religion regardless of religious status because of his paternalistic nature. Thus, if the mother converts to Islam, the child, like the father, remains non-Muslim; if the father converts to Islam, the child becomes a Muslim by default. 62 On the other hand, Al-Thawrī contends that in such instances, the child should be given a choice to follow either the father's or the mother's religion. 63

The Maqāṣidic -Approach to Preserving Children's Faith in Malaysian Law
According to Malaysian law, no specific legal clause states that a Muslim's religious beliefs, including that of a child, must be upheld within the principle of maqāṣid al-sharī'ah. However, this preservation is implicitly embedded in some legal measures prioritizing Islam in Malaysia over other religions. The fact that Islam is recognized as Malaysia's official religion, as stated in Article 3 of the Constitution, indicates the significance of Islam and its predominance, even within the country's hybrid secular and religious legal system. It is not surprising that Islam has been given priority above other religions practiced in Malaysia, considering that Islam was the religion of the majority of the population in this region for many centuries before the invasion of the Western colonialists in the 16th century. 64 Because civil law encompasses a broader range of jurisprudence, the superiority of Islam in Malaysia is not absolute. But the maqāṣidic-approach to preserve the Muslim faith may be realized through judicial interpretation of the law, 65 by taking advantage of the status of Islam under Article 3 of the Constitution. Article 3(1) of the Constitution is not meaningless, despite Malaysia's limited application of Islamic law. It serves a broader and deeper purpose than just designating the official federal religion. It is important to emphasize two critical implications: 1) The establishment of Islamic institutions to further the Islamic faith with financial assistance from national or state funds. 66 For instance, the Department of Islamic Progress of Malaysia (Jabatan Kemajuan Islam Malaysia -JAKIM) and state Islamic religious departments were established with strong support from the federal and state governments to cater to matters regarding Islamic affairs in each state of Malaysia. 67 2) The restrictions of the propagation of doctrines among persons professing Islam. Article 11 (4) of the Constitution has vested state authority through the state legislature to codify laws to control the propagation of non-Islamic beliefs among Muslims. The Control and Restriction of the Propagation of Non-Islamic (Terengganu) Enactment 1980 is an example of such a statute. At first glance, these restrictions imposed on non-Muslims were discriminatory regarding freedom of religion. Still, as mentioned earlier, practicing freedom of religion is not absolute in Malaysia. The limits of freedom of religion are also imposed on Muslims, who are prohibited from renouncing the faith of Islam and converting to other religions. 68 Islam is the official religion of the Federation. Thus, these restrictions are considered appropriate to preserve the sanctity of Islam. 69 There is no contention about how to raise children in Muslim families since parents are free to choose how to raise their children. While some Muslim parents who want their children to grow up to be devoted Muslims try to teach them the religion at home, other Muslim parents prefer a secular upbringing and neglect their duties of teaching religion at home. However, all Muslim children in Malaysia must study Islamic education once they enroll in government-funded elementary and secondary schools, including those that are vernacular (such as Chinese and Tamil). When five or more pupils profess the Islamic religion, such pupils shall be given religious teaching in Islam by teachers approved by the State Authority. 70 Islamic Education is one of the subjects of national examination certification in Malaysian mainstream education. The government instructed that Islamic education be made compulsory for all Muslim students in all government schools. They were taught Islamic subjects for the first eleven years, i.e., six years at the elementary level and five years at the secondary level. The government of Malaysia envisioned that Muslim students who learned and adhered to the national curriculum would be able to: correctly and fluently recite the final chapter of the Quran (juz 'amma), memorize some verses that are frequently recited during daily prayer and worship, understand the meaning of some verses; understand the significance of faith in religious belief; apply fardu ain (basic Islamic rituals), and understand when fardu kifayah is applicable; understand the story of the Prophet The requirement that every Muslim student in primary and secondary school attend Islamic education classes supersedes the parental right to choose the subjects for their children. In the case of Noorliyana Yasira Mohd Noor v. Menteri Pendidikan Malaysia, 74 the applicant's father had asked his daughter to be excused from attending a school-based Islamic religious class. The applicant did not participate in Islamic religious courses when she was in years four and five of a Chinese elementary school and was not given a grade for the mandatory course "Perkara Asas Fardhu Ain" (or "PAFA"), which covers fundamental Islamic practices. applicant, however, took morality lessons (which are provided for non-Muslim students). The applicant then moved to another school in standard six. The applicant's parents requested that her exemption from religious classes be maintained. When UPSR results were released, it was stated on her result slip that she failed her PAFA subject. She filed a certiorari request to remove the failing grade from her result statement and a mandamus request to get a new result statement. The applicant admitted that the real reason for the application for exemption in attending the religious studies classes, including PAFA, was that the teachings in the religious class in school contradicted the belief and understanding of the applicant's father and family. However, the court denied her application on the ground that Islam was a mandatory subject in the national curriculum for Muslim students. Islamic studies, which included PAFA, was one of the core subjects for Muslim students. The judge added that the court should not impede matters related to the national curriculum established by the Education Ministry. The applicant should be ready to be bound by the rules and curriculum set by the school, given that she was the one who opted to attend a government school. The applicant was not allowed to dictate which disciplines or core subjects she wanted to learn and which she didn't. While Muslim children attend Islamic education classes, non-Muslim children, on the other hand, must participate in moral education classes. It should be noted that it does not mean that non-Muslim children are prohibited from attending Islamic education classes. They are allowed to do so with the written consent of their parents. 75 Muslim children (and also includes adult Muslims), on the other hand, are forbidden to be exposed to different religious teachings other than Islam, 76 even with the consent of their parents. The constitution makes it very clear that despite having freedom of religion, which includes the right to profess and practice for non-Muslims, they are not allowed to propagate or spread their non-Islamic religious teachings to 75 Education Act 1991, s.51 (b). 76 The Federal Constitution of Malaysia, Article 11 (4).

Muslims. 77
And also for the Muslims, they are not legally allowed to convert to a religion other than Islam. 78 In a nutshell, it could be said that freedom of religion is provided under the Constitution, but it is not absolute. There are legal restrictions and limitations for Muslims and non-Muslims practicing their faith. These restrictions regarding the Islamic religion are basically to protect and preserve Islam and Muslims in the best way possible within pluralistic Malaysian society.
The restrictions of this propagation had been enacted in several states, for instance, in Terengganu. The Control and Restriction of the Propagation of Non-Islamic (Terengganu) Enactment 1980, under s.5, clearly states that it is an offense to subject a Muslim under eighteen years to influences of non-Islamic religion. Those who committed these offenses are liable on conviction to imprisonment for a term not less than one year and not exceeding eight years or a fine not exceeding fifty thousand ringgit or both. This prohibition applies if the subject of propagation is an adult Muslim. 79 In an attempt to preserve the Islamic faith among Muslim children, Muslim parents or guardians have restrictions on giving away their child under their care to a non-Muslim. Those found guilty will face a maximum fine of 5,000 ringgit, a maximum sentence of three years in prison, or a combination of the two. 80 By regulating the individuals permitted to preach, Muslims are protected from being vulnerable to non-Muslim missionaries and exposed to deviant Islamic doctrine. Before preaching anywhere within the states, Muslim preachers must get a "surat tauliah" (letter of authorization) from the state religion departments. 81 Therefore, in Malaysia, only those with appropriate academic backgrounds and adhering to sunni Islamic schools of 77  thought (as opposed to shia and other Islamic deviant beliefs) are permitted to preach. Without the "surat tauliah," it is illegal to teach the religion of Islam or any component of Islamic religious teachings. If found guilty, offenders face fines of up to 3,000 ringgit, up to two years in prison, or a combination of the two. 82 Briefly stated, this entire circumstance points to Islam's unique status under Malaysian legislation, which permits broad application to indoctrinate the Islamic religion into Muslim children and offers them sufficient opportunities to practice their faith from a young age. And at the same time, it prohibited any other religious teachings from propagating among Muslims. Any methods to influence Muslim children to other religions are not allowed under any circumstances under Malaysian law. Though it does not explicitly mention that maqāṣid al-sharī'ah is applied within Malaysian law, it inherently exists alongside any legal measures that provide ample choices for Muslims to develop their spiritual beliefs and legal prohibition to preserve their faith.
In contrast to Islamic jurisprudence, which, as indicated in this article's earlier section, accepts a child's conversion to Islam, Malaysian law does not let children choose their religion. Their parents essentially make the decisions. It should be noted that Islamic jurisprudence and Malaysian law have different definitions of what constitutes a "child." Puberty (al-bulūgh) is an indicator for a person to be considered an adult, regardless of their age under Islamic jurisprudence, but in Malaysia, anyone under the age of eighteen is considered a child 83 regardless of ethnicity or religion. Thus, the concept of al-bulūgh as prescribed under classical Islamic jurisprudence as an indicator of the age of majority, is not applicable in Malaysia, even for Muslims. Article 12 (4) of the constitution clearly states that a person under eighteen should have their religion decided by their parent or guardian. The right of parents or guardians to determine their child's religion is also provided under s.3, Guardianship of Infants Act 1961. Both father and mother are given equal guardianship rights.
The right to decide a child's religion must be exercised by both parents jointly unless one parent has died.
Despite the right to freedom of religion granted to Malaysian citizens under Article 11 of the Constitution, Article 12 (4) overrides that article. It gives parents the right to choose a religion for their children. As a result, a child does not have the right to choose their religion or type of education. They could only do so with their parents' or guardians' permission. Thus, even if a child of non-Muslim parents has reached the age of majority under Islamic jurisprudence, they are not free to convert to Islam without their parent's permission under Malaysian law. In accordance with the provision in the constitution, the administration of Islamic law enactments provides, inter alia, that a person who is not a Muslim may convert to Islam if he is of sound mind and has attained the age of eighteen years or, if he has not reached the age of eighteen years, his parents or guardians consent to his conversion. 84 In Re Chee Peng Quek, 85 the parents' authority to refuse their child's conversion to Islam was emphasized. In this case, a sixteenyear-old Chinese girl converted to Islam without her parents' permission. The father requested from the court a declaration that he, as the child's father and legal guardian, has the authority to control his child's religious beliefs and that she be raised as a Buddhist. The court granted his application. This judgment was later on referred to in Susie Teoh's case. a Dutch girl whose biological parents were Catholics was brought up as a Muslim by her Malay adoptive mother since she was four. When the application was filed in court, the girl was thirteen years old, married under Islamic law to a Malay Muslim man, according to Islamic law, and the girl herself wanted to become a Muslim. Despite the girl's wish to become a Muslim and the fact that she had been practicing Islam since living with her adoptive mother, the court ruled that she was not legally a Muslim because her biological Christian father, who was entitled to decide on her religion, education, and upbringing, had never consented to her conversion to Islam.
When the child and his parent or guardian disagree on the child's religion, it is obvious who would win because, in such cases, the parent or guardian usually has the upper hand. However, the issue of whether the consent of one parent (singular) or both parents (plural) is required for the conversion of minor children has come to the forefront in recent years, and there are inconsistent verdicts on this matter. In the case of Chang Ah Mee v. Jabatan Hal Ehwal Agama Islam & Ors, 88 the husband converted to Islam and registered their two-year-old daughter as Muslim without the mother's permission. The mother claimed that the conversion was invalid since, according to the Sabah Administration of Islamic Law Enactment, a minor's conversion required the parents' (plural) approval. The respondent argued that Article 12 (4) of the constitution states that the decision about the religion of a person below eighteen years of age must be made by his parents or guardian. Given that the phrase "parent" (in the singular) appears in the constitution's language, the mother or the father can choose their child's religion, even without the other spouse's approval. The High Court ruled that the Constitution does not discriminate between the sexes. The term "parent" in Article 12 (4) refers to both the father and mother. It was held that the father's unilateral conversion of the child is null and void.
Nedunchelian v. Nurshafiqah, 89 is another comparable case. Without her husband's permission, the mother converted to Islam, and her four children to Islam. The father cited the Chang Ah Mee 90 ruling in support of his claim that Article 12(4) of the Constitution should be interpreted to require the consent of both parents. The High Court, on the other hand, construed the word "parent" in Article 12(4) in a different way, holding that only one parent's (single) permission is required for the conversion of the children. The court cited the Federal Constitution in Bahasa Malaysia (the national language), stating that "ibu bapa" refers to a single parent as opposed to both parents or "kedua ibu bapa." Since the Federal Constitution in Bahasa Malaysia is the authoritative text, the word parent should be interpreted in a way consistent with how the word ‚ibu bapa" is meant to be understood. The High Court also emphasized that under Article 121 1A, matters relating to conversion to Islam are within the jurisdiction of the shariah courts, and civil law has no jurisdiction. The High Court dismissed the father's application.
The question of the validity of the unilateral conversion of a minor was once again called into question in Indira Gandhi a/p Mutho v. Pengarah Jabatan Agama Islam Perak & Ors. 91 In this case, the husband converted to Islam in March 2009 and, the following month changed the religion of his three minor children (aged 12 years, 11 years, and 11 months) to Islam without the wife's consent. The shariah court awarded the husband custody of the three children. The wife sought, inter alia, the cancellation of the conversion certificates of the children by the Registrar of Muallaf, in the alternative, a declaration that the certificates were null and void. The defendants argued that under Article 12(4) of the 89  Constitution, the religion of a person under eighteen years of age could only be changed by a parent alone and that the civil courts had no jurisdiction to review the matter once the children were registered as Muslims. The High Court allowed the mother's application and held that the certificates issued by the registrar had no legal effect due to non-compliance with section 96 of the Enactment. The issue of the validity of the conversion certificates was reemphasized in the Federal Court in Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak & Ors and other Appeals. 92 It was held that the registrar had no authority to issue the certificates of conversion of the children to Islam as Sections 96 and 106 (b) of Perak Enactment were not complied with. The conversion certificates were issued without the appellant's consent, thus contravening Article 12(4) of the Constitution and sections 5 and 11 of the Guardianship of Infants Act 1961. The conversion certificates are void. The father's action to unilaterally convert the children without the mother's consent was considered to interfere with family life.
The most recent case, however, indicated a different approach taken by the judge. In this case, Loh Siew Hong (mother) applied to the High Court to nullify the unilateral conversion to Islam by one party (father) of her three children. The judge, however, ruled that the children are Muslims, based on the fact that the applicant, during the trial, did not deny the assertion by her former husband that the children continued professing the religion of Islam in performing daily "subuh" prayers when they were under her custody. Their eagerness to practice Islamic rituals, including the ambition of one of the children to become a syari'e lawyer, was sufficient proof that they were Muslims. Even if the certificates of conversion were not (considered) conclusive proof, because of their unilateral nature, the 'force of the evidence' would suggest that the three children continued professing the religion of Islam.
There is no evidence that the children had converted to Hindu religion. 93 Suffice it to say that children under eighteen do not have the right to decide on their religion. It is the right of the parents to decide in what religion they shall be brought up. The conflict between mother and father to unilaterally decide the religion of their children born in a non-Islamic marriage, especially if they have just converted to Islam, is not simple.
Special attention to inter alia, Islamic religious commitment among disputing Muslim parents over child custody could be noted in custody cases in shariah courts. It was noted that the court will lean towards the party that demonstrates their commitment to the Islamic faith or ability to provide the children with a decent Islamic upbringing. 94 Islamic family law stipulates that a person must satisfy several criteria before being granted custody by the shariah court: he must be a Muslim, of sound mind, of an age where he can provide the child with the care, love, and affection that he needs, and he must display good behavior in accordance with Islamic morality. Additionally, he must reside where the child can live in a safe place, morally and physically. A parent or guardian who is not a good Muslim and cannot provide a proper Islamic environment for the child might lose custody. A parent or guardian who does not have good Islamic manners is considered unsuitable for child custody, especially if he converts from Islam to another religion (murtad). 95 In the case of Tunku Mahmood Shah bin Tunku Mohammed v. Noor Faridah Sutherland Abdullah, 96 the court awarded custody to the father, even though it is a general principle in Islam that the mother has the best right of all persons to have custody of her 93  young children. The father was able to convince the court that he could give the children a decent Islamic upbringing in Malaysia. In contrast, the mother, an American convert, was still accustomed to Western culture, and her capacity to give the children a good Islamic education was still questionable. The consideration of Islam and the religious commitment of both parties was based on the principle of child welfare from an Islamic perspective. The primary objective is to safeguard the child's Islamic faith. Although the court did not refer to the maqāṣidic -approach of hifz al-din, it was tacitly incorporated into every ruling made by the shari'a judges.

Conclusion
In conclusion, the discussion on preserving a child's faith in Malaysia must be approached with a more complex and ambivalent view but requires an intricate understanding of the country's social demography dynamics. Muslims are governed by two sets of laws that place them in a complicated position vis-à-vis one another. Children descended from a converted parent face a far more complex situation than children born into a Muslim family. A glimpse of the Malaysian constitution suggests that the government's control in these matters is consistent with the children's rights to retain their parents' religion. In summary, although it is a state religion, Islam has no absolute privileges in court decisions. However, within the Malaysian legal setting that has given Islam a unique position within the Constitution, it allows interpretations of laws that ensure the preservation of Muslim children's faith within the maqāṣid al-sharī'ah framework to the greatest extent possible.