PETALING JAYA: Recent complaints about houses of worship trespassing on public or private land, or built without approval from the authorities, have sparked debate on the proper enforcement measures available and their impact on social harmony.
Prime Minister Anwar Ibrahim recently reminded Malaysians that all action taken must be grounded in law and carried out by the proper authorities, urging the public not to take matters into their own hands.
Yang di-Pertuan Agong Sultan Ibrahim called for mutual respect in handling such sensitive issues to avoid misunderstandings and maintain national unity.
In Selangor, menteri besar Amirudin Shari outlined the procedures that private landowners must follow if a house of worship encroaches on their property.
Land ownership determines right to occupy
Lawyer M Thayalan stressed that such disputes are fundamentally legal in nature and should be resolved through proper civil processes.
He explained that the question at the heart of most disputes is whether the house of worship has a lawful right to occupy the land it sits on.
Thayalan said such disputes are primarily civil in nature, involving the occupier and the landowner rather than constituting criminal wrongdoing.
“If the structures are on land that does not belong to the house of worship, then that is going to be a problem,” he told FMT.
He said long-standing occupation alone does not automatically confer legal rights and that, in Malaysia, prolonged occupation does not by itself grant ownership or lawful possession.
Where a landowner seeks to recover possession, Section 7 of the Specific Relief Act 1950 and Order 89 of the Rules of Court 2012 provide the mechanism for obtaining a court order, said Thayalan.
Local authority approval
Thayalan said that even when land ownership is not in dispute, houses of worship must still comply with planning and building regulations.
Under the Street, Drainage and Building Act 1974 and the Local Government Act 1976, any building — which the lawyer said includes a house of worship — requires proper approval from the local authority.
Thayalan said a failure to obtain planning permission or comply with by-laws constitutes a breach of civil law. He said non-compliance was a regulatory matter but does not automatically amount to a criminal offence.
“There is nothing criminal about it. It is in violation of civil laws, which means occupying without permission and non-compliance with local authority requirements,” he said.
He added that where structures have existed for many years, questions may arise as to whether local authorities had previously taken enforcement action and how such matters were handled.
Balancing rule of law and freedom of religion
Article 11 of the Federal Constitution guarantees the right to profess and practise one’s religion. However, this right is subject to laws relating to public order, public health and morality, and does not exempt any group from compliance with land and planning regulations.
Thayalan said the same legal standards must apply to all houses of worship, regardless of religion.
He acknowledged that long-standing places of worship may carry sentimental value for communities.
“No doubt that these are all very sensitive issues, but people should not be ruled by emotion or sentiment,” he stressed.
Social harmony through negotiated solutions
Thayalan agreed that enforcement action taken against houses of worship can carry wider social implications, particularly in a multireligious society such as Malaysia’s where such structures may have stood for decades.
Strict measures such as demolition, even when legally justified, risk inflaming racial or religious tensions if not handled carefully.
He said houses of worship that lack proper approval should always seek to regularise their position through lawful means, including by negotiating with landowners, purchasing or renting land, or submitting applications to local authorities.
Thayalan called on the authorities to ensure that proper procedures are followed. He urged that they avoid taking unilateral or rushed action that could escalate tensions unnecessarily.
“At the end of the day, we all want the country to be run according to law and order. As law-abiding, civic-conscious, civic-minded residents, people should follow the due process,” he said.
