The Wearing of Turbans among Muslims and Sikh Followers in Malaysia: Is There Discrimination?

(Pemakaian Serban dalam Kalangan Penganut Islam dan Sikh di Malaysia: Wujudkah Diskriminasi?)

Authors

  • Shahrul Mizan Ismail Fakulti Undang-undang, Universiti Kebangsaan Malaysia.
  • Aini Afiqah Marzidin Fakulti Undang-undang, Universiti Kebangsaan Malaysia

Abstract

Muslims, especially students, are often prohibited from wearing turbans in schools as well as while riding motorcycles, whereas Sikh followers are given leeway to wear turbans at all times and occasions. This situation suggests that there exists discrimination in law enforcement, even though the law guarantees equality for all religions in Malaysia. This article aims to determine whether there exists racial discrimination with regard to the wearing of turbans by Muslims and Sikhs in Malaysia. The finding shows that the special exception given to the Sikhs is to foster racial understanding and to protect their right, whereby wearing if the turban is compulsory, while for Muslims it is merely encouraged.

Keywords: turban, Islam, Sikhism, discrimination, International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1969

References

Downloads

Published

2018-07-01

Issue

Vol. 30 No. 2 (2018): KANUN: Jurnal Undang-undang Malaysia Volume 30 Number 2 July 2018

Section

Articles