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JURNAL ILMIAH PEURADEUN
The Indonesian Journal of the Social Sciences p-ISSN: 2338-8617/ e-ISSN: 2443-2067 Vol.
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May 2025 Pages: 1527-1548 Wasatiyyah DaAowah and Religious Freedom in Malaysia:
A Constitutional Perspective Fakhri Yusuf1.
Murdani2.
Fairus Fairus3.
Rasyidah Rasyidah4.
Jarnawi Jarnawi5.
Ahmad Zuhdi6.
Syamsuddin AB7 1,2,3,4,5Universitas Islam Negeri Ar-Raniry Banda Aceh.
Indonesia 6Institut Agama Islam Negeri Kerinci.
Indonesia 7Universitas Islam Negeri Alauddin Makassar.
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Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective.
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Copyright A 2025, is licensed under a CC-BY-SA Publisher: SCAD Independent Printed in Indonesia Jurnal Ilmiah Peuradeun Vol.
No.
May 2025 Pages: 1527-1548 WASATIYYAH DAAoWAH AND RELIGIOUS FREEDOM IN MALAYSIA: A CONSTITUTIONAL PERSPECTIVE Fakhri Yusuf1.
Murdani2.
Fairus Fairus3.
Rasyidah Rasyidah4.
Jarnawi Jarnawi5.
Ahmad Zuhdi6.
Syamsuddin AB7 1,2,3,4,5Universitas Islam Negeri Ar-Raniry Banda Aceh.
Indonesia 6Institut Agama Islam Negeri Kerinci.
Indonesia 7Universitas Islam Negeri Alauddin Makassar.
Indonesia 1Correspondence Email: fakhri.
ssos@ar-raniry.
Received: April 19, 2024 Accepted: May 24, 2025 Published: May 30, 2025 Article Url: https://journal.
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php/jipeuradeun/article/view/1452 Abstract This article examines the constitutional legitimacy and practical implications of Wasatiyyah daAowahAian Islamic propagation model rooted in the principle of moderationAiin MalaysiaAos plural legal and religious context.
While the Federal Constitution recognizes Islam as the religion of the Federation (Article 3.
), it also guarantees religious freedom (Article .
, creating a legal space that necessitates careful interpretation and application.
This study uses a normative legal methodology to analyze constitutional texts, statutory instruments, and judicial decisions through systematic, teleological, and contextual The findings indicate that Wasatiyyah daAowah may function as a constitutionally compatible approach to Islamic propagation, provided it avoids coercion and adheres to legal safeguards.
However, tensions arise in its implementation, especially when state-sponsored religious programs intersect with public welfare, education, and minority The institutionalization of Wasatiyyah must be accompanied by transparent regulation, independent oversight, and alignment with human rights principles.
By treating Wasatiyyah not merely as a theological ideal but as a constitutional strategy, the study contributes to constitutional Islamic studies and offers insights into reconciling Islamic identity with democratic pluralism.
The research also opens avenues for comparative studies in other Muslim-majority societies facing similar legal and social challenges.
Keywords: Wasatiyyah.
Constitutional Law.
Islamic Propagation.
Religious Freedom.
Legal Pluralism.
p-ISSN: 2338-8617 | e-ISSN: 2443-2067 JIP-The Indonesian Journal of the Social Sciences .
7 p-ISSN: 2338-8617 Vol.
No.
May 2025 e-ISSN: 2443-2067 Introduction Malaysia is widely recognized as a pluralistic nation in Southeast Asia, characterized by its diverse ethnic, cultural, and religious composition.
According to the 2020 census.
Muslims constitute approximately 63% of the population, followed by Buddhists .
7%).
Christians .
1%), and othersAi including Confucians.
Taoists.
Sikhs.
JehovahAos Witnesses, and BahyysAiat 9% (Hassan, 2016.
Department of Statistics Malaysia, 2.
This demographic reality reflects a complex interplay between religion, ethnicity, and national identity, especially in states like Sabah and Sarawak, where religious diversity is particularly prominent (Harding, 2012.
Shah & Sani, 2.
MalaysiaAos constitutional framework embodies this pluralism through a dual commitment: upholding Islam as the religion of the Federation under Article 3.
while simultaneously guaranteeing religious freedom under Article These provisions create a dynamic yet fragile legal equilibrium wherein the state asserts Islamic identity while safeguarding the rights of non-Muslims.
Within this context, the doctrine of WasatiyyahAiderived from the QurAoanic concept of ummatan wasatan (QurAoan 2:.
Aihas emerged as a core national philosophy for religious engagement.
Institutionalized through state programs such as the National Wasatiyyah Policy and the Wasatiyyah Institute Malaysia, it has become central to state-sponsored daAowah strategies (Abdullah et al.
, 2016.
Al-Attas, 2015.
Muir et al.
, 2.
Wasatiyyah has since been operationalized as a normative foundation for Islamic propagation by organizations such as PERKIM.
MRM, and YADIM (Handoko et al.
, 2024.
Wagiman, 2.
These efforts emphasize non-coercive, ethical engagement.
However, criticisms persist, especially regarding the top-down nature of state-promoted daAowah.
In East Malaysia, where religious minorities are significant.
Wasatiyyah initiatives are often viewed with suspicion.
Incidents involving Islamic literature being distributed to non-Muslim schoolchildren, daAowah programs linked to welfare services, and inconsistent regulations have raised questions about whether Wasatiyyah truly safeguards interfaith neutrality (State, 2022.
Zaporozhchenko et al.
, 2.
JIP-The Indonesian Journal of the Social Sciences Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective Fakhri Yusuf et al.
Legal scholars and minority rights advocates have raised concerns about the constitutional implications of such policies.
Although framed around moderation.
Wasatiyyah may facilitate what is termed Ausoft coercionAyAipressuring non-Muslims through indirect means.
These critiques underscore tensions between the stateAos Islamic character and its constitutional obligation to uphold religious liberty (Othman & Sulaiman.
Balynska et al.
, 2.
Such concerns resonate with broader academic debates on the balance between religious propagation and minority protection, especially in hybrid legal systems where civil and religious laws operate in tandem (Pranoto & Gaussyah, 2024.
Kartono et al.
, 2.
In academic discourse, daAowah in plural societies is often discussed through theological, sociocultural, and political lenses.
Scholars like Ghozali and Aula .
Mohamad et al.
, .
, and Alkhotob et al.
, .
have provided valuable insights into the spiritual, cultural, and social implications of Islamic propagation.
Nonetheless, these studies tend to overlook the legalconstitutional dimension.
Specifically, little attention has been paid to how Wasatiyyah daAowah aligns with MalaysiaAos constitutional order and legal This gap is particularly critical in a dual-legal system where Islamic and civil law coexists and frequently intersects (Zhanabergenova & Kairbekov, 2.
Moreover, most analyses treat Wasatiyyah as an ideal concept or policy rhetoric rather than a subject of legal inquiry.
This tendency reflects a broader gap in legal scholarship, where normative religious values are rarely scrutinized through rigorous legal reasoning (Muchimah et al.
, 2024.
Asyiqin et al.
, 2.
Literature often fails to address how the doctrine is institutionalized through enactments, judicial decisions, or regulatory frameworks, which is essential for understanding how Wasatiyyah operates within the legal system (Ardhanariswari et al.
, 2.
An integrated legal analysis is crucial to determine whether the implementation of Wasatiyyah respects constitutional limits and the rights of religious minorities, especially in contexts where legal culture and administrative discretion influence normative application (Maskur et al.
, 2.
JIP-The Indonesian Journal of the Social Sciences .
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May 2025 e-ISSN: 2443-2067 To support such legal analysis, a deeper understanding of the interpretive foundations of Islamic doctrines is necessary.
Recent scholarship on Islamic governance increasingly emphasizes the need for contextualized interpretation of sacred texts.
Dhulkifli .
, for example, highlights the importance of understanding tafsir as products of socio-historical context and rational traditions, which is essential when doctrines like Wasatiyyah are embedded in legal structures.
Likewise.
Muhammad and Rahman .
compare Abdullah Saeed and Farid EsackAos views on minority rights in Islam, concluding that effective engagement requires more than normative ethicsAilegal accountability and structural sensitivity.
Additionally, the strategic dimension of Wasatiyyah can be compared with broader efforts to integrate QurAoanic values into public life.
Fatchiatuzahro et al.
, .
discuss the concept of AuedutainmentAy in QurAoan publishing, where learning and ethical principles are embedded in accessible media.
This suggests that Islamic propagation in plural societies must innovate pedagogically and legally.
Similarly.
Tottoli .
examines how the QurAoan is interpreted in non-Muslim contexts in Europe, reminding us of that scriptural narratives and daAowah practices are never ideologically neutralAibroader power relations and institutional constraints shape them.
Thus, it is essential to move beyond descriptive praise or critique of Wasatiyyah and assess its institutional reality.
This includes evaluating its legal validity, impact on non-Muslim autonomy, and alignment with MalaysiaAos constitutional obligations and international human rights norms.
Such analysis requires a normative legal methodology incorporating systematic, teleological, and contextual interpretation of constitutional texts.
Engagement with landmark judicial decisions, such as Lina Joy v.
Majlis Agama Islam Wilayah Persekutuan and Indira Gandhi v.
Director of Islamic Affairs Perak, is indispensable.
These cases illuminate how MalaysiaAos courts interpret the scope of religious freedom, conversion rights, and the jurisdictional reach of Syariah courts.
By incorporating doctrinal methods, this article grounds Wasatiyyah in ethical theory and legal practice.
JIP-The Indonesian Journal of the Social Sciences Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective Fakhri Yusuf et al.
This article thus seeks to fill a critical gap in the literature by offering a normative constitutional analysis of Wasatiyyah-based daAowah.
It asks: Is Wasatiyyah, as promoted by the state, compatible with Articles 3.
and 11 of the Federal Constitution? Can it be implemented in ways that affirm pluralism and avoid coercion? And can MalaysiaAos model inform other Muslim-majority democracies that grapple with similar tensions between Islamic identity and constitutionalism? To answer these questions, the study applies a qualitative, documentbased methodology rooted in normative legal analysis.
Primary sources include the Federal Constitution of Malaysia .
0 consolidated versio.
, statutory enactments, and major court rulings.
These are analyzed using doctrinal methods such as systematic interpretation .
ssessing internal consistenc.
, teleological interpretation .
nderstanding the objectives behind legal provision.
, and contextual interpretation .
ituating legal texts within sociopolitical realitie.
Supplementary materials include institutional reports, fatwas, and academic literature (Faruqi, 2008, 2.
The novelty of this research lies in its synthesis of Islamic normative ethics and constitutional law.
Rather than treating Wasatiyyah as a theological abstraction or bureaucratic slogan, the article frames it as a legal construct subject to constitutional scrutiny.
It argues that to be effective and just.
Wasatiyyah must be grounded in a rights-respecting legal framework that ensures transparency, limits state discretion, and safeguards minority liberties.
This study aims to contribute to constitutional Islamic studies by highlighting the legal dimensions of state-led daAowah.
It positions Malaysia as a test case for how Islamic values can be incorporated into democratic governance without eroding pluralism.
By bridging the gap between daAowah discourse and constitutional jurisprudence, the article offers a roadmap for evaluating religious policies in multicultural and legally complex societies.
Method This study adopts a qualitative research approach grounded in the normative legal method, which is particularly appropriate for assessing the constitutional legitimacy of state-led religious initiatives such as Wasatiyyah JIP-The Indonesian Journal of the Social Sciences .
1 p-ISSN: 2338-8617 Vol.
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May 2025 e-ISSN: 2443-2067 daAowah.
Rather than relying on empirical fieldwork, this method focuses on interpreting legal texts, doctrines, and statutory frameworks to evaluate their alignment with constitutional guarantees and Islamic ethical principles (Hutchinson, 2012.
Salim, 2.
The data were derived entirely from documentary sources, both primary and secondary.
Primary materials include the Federal Constitution of Malaysia .
0 consolidated versio.
, landmark judicial decisionsAisuch as Lina Joy v.
Majlis Agama Islam Wilayah Persekutuan .
and Indira Gandhi v.
Director of Islamic Affairs Perak .
Aias well as key legislation like the Selangor NonIslamic Religions (Control of Propagation Among Muslim.
Enactment 1988 (Azhar et al.
, 2013.
Faruqi, 2.
These were accessed through official legal databases, including CLJLaw and the Attorney GeneralAos Chambers.
To examine the institutionalization of Wasatiyyah, the study also draws on policy documents and reports, notably the 2022 International Religious Freedom Report Ae Malaysia and YADIMAos 2023 Annual Report (Y.
Malaysia.
These assess how moderation-based daAowah is promoted by statelinked bodies and how such efforts intersect with constitutional rights.
In addition, secondary sourcesAiincluding scholarly articles, fatwas, and booksAiwere reviewed to support the analysis (Abdullah, 2023.
Alkhotob et al.
, 2023.
Kamali, 2.
A total of 53 documents were selected for their relevance to the intersection of daAowah, law, and religious pluralism.
To interpret the data, the study applies four normative techniques.
First, systematic interpretation assesses the coherence between Article 3.
, which affirms Islam as the religion of the Federation, and Article 11, which guarantees religious freedom (Faruqi, 2.
This is illustrated in the Results by analyzing court rulings like Che Omar and Lina Joy.
Second, teleological interpretation explores legal provisionsAo ethical purposes .
, such as balancing public morality and minority rights (Kamali, 2.
Third, contextual interpretation considers MalaysiaAos sociopolitical landscape, especially in regions like Sabah and Sarawak, where Wasatiyyah programs have provoked interfaith concerns (Rohman, 2.
Fourth, thematic content analysis groups document under categories like constitutional legitimacy, soft coercion, and religious moderation (Othman & Sulaiman, 2.
JIP-The Indonesian Journal of the Social Sciences Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective Fakhri Yusuf et al.
To ensure validity and depth, the study uses source triangulation to verify data across legal, institutional, and academic texts, and theoretical triangulation by combining Islamic conceptsAihikmah, rahmah, tasamuh, and iAotidalAiwith constitutional interpretation (Kamali, 2.
These tools support the discussion of how Wasatiyyah functions in practice, as elaborated in the next section, where legal texts and policies are assessed for their actual compatibility with pluralism and religious autonomy.
Results and Discussion This section presents and analyzes the key findings of the study concerning the constitutional legitimacy and operational dynamics of Wasatiyyah daAowah in Malaysia.
Consistent with the normative legal methodology, the results are derived through systematic, teleological, and contextual interpretations of primary legal sources, including the Federal Constitution, relevant judicial decisions, and statutory enactments.
These findings are subsequently examined concerning established legal theories, daAowah scholarship, and broader religious pluralism and constitutionalism Results Constitutional foundation of Wasatiyyah DaAowah MalaysiaAos constitutional arrangement presents a duality that both acknowledges Islam as the religion of the Federation (Article 3.
) and guarantees religious freedom for all citizens (Article .
This dual structure directly impacts how Islamic propagation is understood and implemented under the Wasatiyyah model.
While Article 3.
has often been interpreted as declaratory rather than enforceable, the landmark case Che Omar bin Che Soh v.
Public Prosecutor .
2 MLJ 55 clarified that IslamAos constitutional status does not override secular principles unless explicitly stated.
Nevertheless, the symbolic power of Article 3.
legitimizes state-sponsored religious initiatives, particularly those promoting values perceived as universal, such as moderation.
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May 2025 e-ISSN: 2443-2067 Conversely.
Article 11.
provides individuals the right to profess and practice their religion, while Article 11.
allows state legislatures to enact laws restricting the propagation of non-Islamic doctrines among Muslims.
This juxtaposition reveals an intentional balancing act: the state may promote Islamic values but must not infringe upon the rights of others to maintain and practice their faith.
In this context.
WasatiyyahAiderived from QurAoan 2:143 as a concept of moderation and balanceAihas been adopted as a constitutional strategy that ostensibly harmonizes propagation with pluralism.
The application of systematic interpretation reveals that Wasatiyyah is conceptually positioned as a bridge between religious propagation and constitutional liberty.
Judicial developments and legal precedents The tension between Islamic propagation and religious freedom has been the subject of significant judicial scrutiny.
In Lina Joy v.
Majlis Agama Islam Wilayah Persekutuan .
4 MLJ 585, the Federal Court held that the Syariah Court must determine religious status and conversion matters.
This ruling affirmed the primacy of Islamic institutions in matters of faith but simultaneously raised concerns about access to legal remedies for individuals attempting to leave Islam.
Similarly, in Indira Gandhi v.
Director of Islamic Affairs Perak .
1 MLJ 545, the apex court ruled that the conversion of minors to Islam without parental consent violated constitutional protections.
These cases demonstrate how the judiciary has struggled reconciling constitutional guarantees with religious authority.
Wasatiyyah-based daAowah, though ostensibly promoting moderation, operates within this contested legal terrain.
Through doctrinal interpretation, it becomes evident that unless daAowah initiatives explicitly align with constitutional jurisprudence, they risk falling into legal grey zonesAiespecially when targeting vulnerable or marginalized communities.
Legislative frameworks at the state level MalaysiaAos federal structure allows state governments to enact laws pertaining to Islam.
The Selangor Non-Islamic Religions (Control of 1.
JIP-The Indonesian Journal of the Social Sciences Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective Fakhri Yusuf et al.
Propagation among Muslim.
Enactment 1988 is one such law, empowering authorities to prevent non-Muslims from preaching to Muslims.
Similar enactments exist in other states, including Kelantan.
Terengganu, and Johor.
However, the enforcement of these laws is often inconsistent and lacks standardized procedural safeguards.
In evaluating these laws through contextual legal analysis, the propagation of Islamic teachings through Wasatiyyah operates with relative impunity, while non-Islamic propagation is stringently regulated.
This asymmetry has constitutional implications.
It illustrates how state institutions interpret and enforce religious boundaries in ways that may privilege Islam at the expense of interfaith equity.
Despite WasatiyyahAos purported moderation, its deployment within this uneven legal landscape suggests an inherent bias favoring Islamic dominance in the public sphere.
State-sponsored institutionalization of Wasatiyyah According to YADIMAos 2023 Annual Report, more than 2,000 daAowahrelated programs were conducted nationwide under the Wasatiyyah These included educational seminars, welfare-linked activities, youth outreach, and interfaith dialogues.
Program content emphasized ethical communication .
, compassion .
, and contextual sensitivity .
aAosr al-waqiA.
Institutionalization is further evidenced by integrating Wasatiyyah modules into the National Islamic Training Curriculum and the civil service.
However, independent evaluations suggest that implementation practices vary widely between Peninsular Malaysia and East Malaysia.
While the former often benefit from more structured and culturally nuanced programming, the latter experiences inconsistent or intrusive daAowah activities, including unsolicited religious materials distributed in schools and rural welfare-linked conversions.
These variations indicate a need for greater regulatory oversight and policy standardization.
When analyzed through thematic content-coding, institutional documents show a lack of robust monitoring mechanisms to ensure compliance with Article 11Aos safeguards.
JIP-The Indonesian Journal of the Social Sciences .
5 p-ISSN: 2338-8617 Vol.
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May 2025 e-ISSN: 2443-2067 Societal impacts in East Malaysia: Case reflections The states of Sabah and Sarawak, which are home to large nonMuslim populations, have reported several controversial incidents tied to state-endorsed daAowah.
For example, in 2022.
Christian community leaders in Sabah lodged formal complaints following reports that Islamic literature was being distributed to non-Muslim students under the guise of general moral education.
In Sarawak, religious NGOs documented cases where welfare distribution was tied to participation in Muslim religious events.
While these activities were officially categorized as Aocommunity service, testimonies collected in civil society reports and legal commentaries suggest a perceived link between aid and religious affiliation.
The U.
Department of StateAos 2022 International Religious Freedom Report corroborated these findings, highlighting that daAowah initiatives were often seen as intrusive, especially in indigenous-majority districts.
This undermines the constitutional principle that religion may be practiced Auin peace and harmonyAy, as stated in Article 3.
, and intensifies distrust among minority communities toward Islamic institutions.
Legal analysis confirms that such practices, even if well-intentioned, breach the threshold of noncoercion enshrined in international legal norms such as the ICCPR, to which Malaysia is not a signatory but often benchmarks its policy.
Normative-theological justifications and legal boundaries The normative framework of Wasatiyyah daAowah relies heavily on ethical principles derived from QurAoanic values such as balance .
, tolerance .
asAmu.
, and wisdom .
These values are frequently cited in program literature and institutional mandates.
However, theological pluralism in QurAoanic interpretationAiespecially among minority Muslim scholarsAipresents a spectrum of views on religious engagement.
According to Dhulkifli .
, the diversity of tafsir traditions reveals that concepts such as wasat are often subject to selective interpretation, particularly in state contexts.
Similarly.
Muhammad and Rahman .
argue that Muslim minority scholars like Esack and Saeed advocate for a 1.
JIP-The Indonesian Journal of the Social Sciences Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective Fakhri Yusuf et al.
more dialogical approach that centers on justice and freedom, challenging statist interpretations of moderation.
These scholarly views question the authenticity of state-sponsored moderation, especially when it functions as a legitimating discourse for religious control.
Moreover, the political use of QurAoanic principles without incorporating dissenting theological traditions risks transforming a spiritual ethic into a policy enforcement tool.
Regulatory ambiguities and lack of oversight Despite the wide adoption of Wasatiyyah in state religious affairs, no unified regulatory framework exists to govern its application.
Oversight is limited to internal monitoring within daAowah institutions, and judicial review is rarely invoked unless complaints escalate to the civil courts.
Inconsistencies between state enactments, administrative circulars, and implementation practices create a fragmented legal environment.
For example, while Selangor mandates Islamic daAowah to follow ethical guidelines.
KelantanAos regulations allow for more assertive propagation styles.
This disparity produces legal uncertainty for both practitioners and recipients of daAowah.
When viewed through teleological interpretation, such ambiguities undermine the constitutional intent to maintain peace and harmony in religious practice.
Kamali .
argues that moderation must be anchored in enforceable norms, not rhetorical policy frameworks.
Without clear legal benchmarks.
Wasatiyyah risks being reduced to a symbolic slogan rather than a constitutional doctrine.
Integration of legal and Islamic norms This studyAos most significant analytical outcome is the ability to conceptually integrate Wasatiyyah into MalaysiaAos dual legal framework through normative constitutionalism.
By aligning Islamic ethical values such as uikmah, iAotidAl, and raumah with Articles 3.
and 11, it becomes possible to create a jurisprudence of moderation that is both religiously authentic and legally binding.
However, this integration requires a JIP-The Indonesian Journal of the Social Sciences .
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May 2025 e-ISSN: 2443-2067 comprehensive methodology incorporating systematic, teleological, and contextual interpretations alongside doctrinal sources.
Recent literature has called for such a synthesis.
Tottoli .
emphasizes the European experience in reconciling QurAoanic ethics with secular legal orders, while Fatchiatuzahro et al.
, .
advocate for merging educational theory with religious propagation to produce more dialogical forms of Islamic communication.
These contributions suggest that Wasatiyyah can be meaningfully embedded into legal systems when interpreted through pluralistic and interdisciplinary lenses.
Discussion The findings of this study reaffirm the complex legal status of Wasatiyyah daAowah in Malaysia as a phenomenon situated at the intersection of Islamic ethics, constitutional law, and state policy.
From a normative legal analysis perspective, this intersection reveals the normative aspirations of religious moderation and the pragmatic challenges of safeguarding religious freedom in a dual legal system.
The Wasatiyyah doctrine, rooted in QurAoan 2:143 and operationalized through state institutions such as YADIM, has evolved from a theological ethos into a semi-legal policy framework.
However, its constitutional viability must be assessed not only in terms of its stated moderation but also through its consistency with the rule of law, proportionality, and the principle of noncoercion (Balynska et al.
, 2.
From a constitutional interpretation standpoint, the study confirms that Article 3.
of the Federal Constitution, which acknowledges Islam as the religion of the Federation, does not confer absolute authority for statesponsored religious propagation.
The provision must be read harmoniously with Article 11, particularly subclauses 11.
, which guarantee freedom of religion and allow states to regulate the propagation of other religions to Muslims.
The Wasatiyyah approach, when assessed through systematic and teleological interpretation, may indeed serve as a bridge between MalaysiaAos Islamic identity and its pluralistic legal commitments.
JIP-The Indonesian Journal of the Social Sciences Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective Fakhri Yusuf et al.
However, the effectiveness of this bridge is conditional upon the legal clarity and institutional safeguards surrounding its implementation (Faruqi.
Kamali, 2010.
Zaporozhchenko et al.
, 2.
In this regard, the studyAos use of doctrinal legal methods, including the analysis of landmark cases such as Lina Joy v.
Majlis Agama Islam Wilayah Persekutuan and Indira Gandhi v.
Director of Islamic Affairs Perak, illustrates the tensions between personal religious autonomy and institutional religious authority.
These cases highlight how Islamic propagation, even when framed under the banner of Wasatiyyah, must be constitutionally scrutinized to ensure that it does not devolve into legal coercion or procedural discrimination.
Legrand .
states that legal pluralism can only thrive when distinct legal traditions are subjected to the same constitutional scrutiny, a standard that remains inconsistently applied in Malaysia (Pranoto & Gaussyah, 2.
The analysis of state-level enactments, such as the Selangor Enactment 1988, reveals how regulatory frameworks can legitimize state interference in religious choice under the guise of maintaining Islamic While constitutionally permitted under Article 11.
, these legal instruments must not be interpreted as a carte blanche for invasive propagation policies.
Recent empirical data from the 2022 Religious Freedom Report indicates that minority communities perceive daAowah efforts linked to welfare programs and educational systems as indirect coercion (U.
Department of State, 2.
This is particularly pronounced in East Malaysia, where Christians, animists, and adherents of indigenous belief systems constitute significant portions of the population and maintain distinct religious worldviews (Adnan & Rahman, 2023.
Syarif & Khamim, 2.
The normative concern here is not merely theological but legal and ethical: Can a state-sponsored Islamic narrative, even one based on Wasatiyyah, be deployed in ways that indirectly pressure or marginalize nonMuslim citizens? As An-NaAoim .
argues, the instrumentalization of religious values by the stateAiparticularly when linked to resource distributionAirisks converting ethical precepts into tools of soft domination.
JIP-The Indonesian Journal of the Social Sciences .
9 p-ISSN: 2338-8617 Vol.
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May 2025 e-ISSN: 2443-2067 This concern is also reflected in the work of Tottoli .
, who demonstrates that religious translation and moderation strategies in plural societies require both hermeneutical sensitivity and institutional neutrality to avoid undermining interfaith relations.
In similar contexts, customary norms have also shown how socio-religious values can shift from communal solidarity to transactional enforcement (Susanti et al.
, 2.
Another pressing issue raised in this study is the absence of robust institutional oversight in the implementation of Wasatiyyah daAowah.
While the 2023 Annual Report by YADIM showcases over 2,000 daAowah programs promoting ethical moderation, it remains unclear how these programs are monitored for compliance with constitutional standards or evaluated for their impact on minority rights.
This absence of evaluative transparency creates an accountability vacuum that may inadvertently permit abuse or overreach, particularly in decentralized governance contexts (Firmandayu & Elfaki.
Alfarisi et al.
, 2.
Therefore, institutional safeguards such as independent review boards, interfaith consultative councils, and judicial oversight must be considered essential in ensuring the integrity of religious outreach under a constitutional framework.
From a theoretical standpoint, the Malaysian experience contributes to the emerging discipline of constitutional Islamic studies, which examines the embedding of Islamic norms within secular legal frameworks.
As Kamali .
and Alwi et al.
, .
Islamic moderationAi WasatiyyahAimust be grounded in ethical authenticity and constitutional The mere invocation of moderation is insufficient.
it must be operationalized through rule-of-law mechanisms capable of safeguarding rights and adjudicating conflicts fairly (Zaporozhchenko et al.
, 2.
This is especially relevant in multicultural societies where religious sensitivity intersects with constitutional entitlements.
The broader socio-political implications of this study also echo Zhanabergenova and KairbekovAos .
findings on Islamic institutional development in Kazakhstan, where religious authority is often caught between state alignment and societal legitimacy.
While unique in its dual1.
JIP-The Indonesian Journal of the Social Sciences Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective Fakhri Yusuf et al.
legal structure, the Malaysian context presents similar tensions.
As such, the Wasatiyyah model may serve as a test case for the viability of Islamic Muslim-majority democracies, particularly those grappling with pluralistic demands and identity politics (Balynska et al.
, 2.
Moreover, the epistemic gap between ethical ideals and legal execution is evident in the divergence between WasatiyyahAos QurAoanic foundations and its administrative deployment.
While the QurAoan emphasizes wisdom .
, compassion .
, and gradualism in conveying religious truths, these values can be diluted when filtered through bureaucratic or political As Fatchiatuzahro et al.
, .
note, even the integration of educational principles into religious publishing must strike a balance between didactic clarity and spiritual inclusivityAia balance that is equally necessary in state-sanctioned daAowah (Syarif & Khamim, 2.
The study also resonates with DhulkifliAos .
critique of tafsir traditions that overlook diverse interpretive traditions.
In the case of Wasatiyyah, the danger lies in its reification into a monolithic doctrine that marginalizes alternative expressions of Islamic thought or other faith Similarly.
Muhammad and Rahman .
argue that minority Muslim perspectives often highlight the need for dialogical, not prescriptive, approaches in religious engagementAian insight that should inform Wasatiyyah policy in Malaysia (Susanti et al.
, 2.
Finally, the global implications of this research are significant.
The Malaysian experience demonstrates the promise and pitfalls of integrating religious ethics into constitutional governance.
In an era marked by rising religious nationalism and interfaith tensions.
Wasatiyyah offers a potential model for reconciling Islamic identity with democratic pluralism.
However, its success hinges on three critical conditions: .
normative clarity in defining moderation, .
legal infrastructure that ensures procedural justice, and .
political will to uphold minority rights (Zaporozhchenko et al.
, 2.
As Muslim-majority democracies like Indonesia.
Tunisia, and Turkey continue to navigate the balance between religious authenticity and JIP-The Indonesian Journal of the Social Sciences .
1 p-ISSN: 2338-8617 Vol.
No.
May 2025 e-ISSN: 2443-2067 democratic norms.
MalaysiaAos attempt to constitutionalize Islamic moderation offers valuable lessonsAiboth cautionary and constructive.
For instance, in Indonesia, the role of dakwah movements such as Tarbiyah and Hizbut Tahrir has similarly raised questions about the boundary between religious outreach and political mobilization (Alwi et al.
, 2.
Therefore, a comparative lens grounded in constitutional legal analysis may help develop universally applicable frameworks for ethically and legally sound Islamic propagation (Pranoto & Gaussyah, 2.
In conclusion, this discussion illustrates that Wasatiyyah daAowah, while normatively aligned with constitutional values, demands stronger legal foundations, transparent procedures, and constant judicial and institutional oversight to function as a truly inclusive approach.
MalaysiaAos experience, though context-specific, can serve as a reference point for other nations seeking to embed religious values within secular or hybrid legal systems without compromising democratic integrity or religious pluralism.
Conclusion This study has explored the constitutional foundations and sociolegal dynamics of Wasatiyyah daAowah as practiced in Malaysia, positioning it as a unique model of moderated Islamic propagation within a pluralistic and multi-religious constitutional framework.
Through normative legal analysis, it has been demonstrated that while Wasatiyyah is rooted in ethical moderation and promoted to foster interfaith harmony, its legitimacy depends on how faithfully it adheres to the constitutional guarantees of religious freedom and the principle of non-coercion.
The interplay between Articles 3.
and 11 of the Federal Constitution illustrates the legal balancing act between the affirmation of Islam as the religion of the Federation and the preservation of religious liberties for all citizens.
The research highlights that Wasatiyyah daAowah must be evaluated not only in terms of theological virtue but also through a legal lens that ensures institutional transparency, procedural accountability, and respect for minority rights.
In practice, this requires a clear separation between 1.
JIP-The Indonesian Journal of the Social Sciences Wasatiyyah DaAowah and Religious Freedom in Malaysia: A Constitutional Perspective Fakhri Yusuf et al.
religious propagation and state coercion, especially in regions marked by complex religious demography.
Legal safeguards must be embedded within propagation frameworks to avoid the instrumentalization of religion for political or social leverage.
Conceptually, the study contributes to the growing field of constitutional Islamic studies by demonstrating how Islamic ethical values can be integrated into modern legal governance without compromising fundamental rights.
Treating Wasatiyyah as a constitutional tool rather than a mere policy discourse adds depth to legal theory and daAowah studies, offering Malaysia as a compelling case study for other Muslim-majority democracies navigating similar tensions.
Practically, this study calls for enhancing existing frameworks governing state-sponsored religious outreach.
Independent oversight bodies, legal harmonization between Syariah and civil jurisdictions, and public education on religious rights are essential components to ensure that promoting moderation translates into inclusive and democratic religious governance.
The institutionalization of Wasatiyyah must go beyond slogans and be grounded in enforceable legal norms that uphold pluralism.
Finally, this research opens avenues for further inquiry, especially in comparative legal contexts.
Exploring how moderated Islamic values are implemented in other constitutional settings could enrich global conversations on religion, law, and democracy.
Field-based studies incorporating community perceptions, judicial behavior, and administrative practices would also validate normative claims empirically.
In an increasingly polarized world, the search for legally grounded, ethically moderate religious engagement models remains urgent and globally significant.
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