E/CN.4/1990/46 page 25 "2. The special position of Islam, which is inextricably linked with that of the Malay rulers, is historical. This position is restated and reformalized in the Constitution. "3. Article 3 (1) of the Constitution declares Islam to be the official religion of the Federation. Under the same provision other religions are also allowed to be practised in peace and harmony. "4. For the protection of its special position as the religion of the Federation, article 11 (4) of the Constitution provides that State law (and federal law in respect of the federal territories) may control or restrict the propagation of non-Islamic religions among Muslims. "5. It was under this article 11 (4), that Kelantan, Melaka, Selangor 'and Trangganu enacted their respective Non-Islamic enactments (the enactments). The scope of each of the enactments is limited by its substance, as can be seen by its declared objective, only to 'control and restrict the propagation of non-Islamic religious doctrines and beliefs among persons professing the religion of Islam'. "6. Such being the limited scope of the enactments, they could not in any way diminish the enjoyment by non-Muslims of freedom of thought, conscience and religion. " 7 . The allegation that the laws in question .'have had a negative impact on the enjoyment of freedom of thought, conscience and religion' is of a general and sweeping nature and has to be justified with particulars before it can be fairly countered. The allegation being such, it should suffice at this stage, and on the submission made in the earlier paragraphs, to maintain that those laws are not capable in any way of diminishing the enjoyment by non-Muslims of freedom of thought, conscience and religion. As for Muslims, it is not the intention of those laws to control them in the matter of their thought, conscience or religion. If any Muslim desires to seek knowledge about another religion or even to profess another religion of his own free will and on his own initiative, those laws are not capable of deterring him. Those laws are merely aimed at protecting Muslims from being subjected to attempts to convert them to another religion. "8. The right of a person to profess and practise his religion is guaranteed under article 11 (1) of the Constitution. The concomitant rights of any religious group to manage its own religious affairs, to establish and maintain institutions for religious or charitable purposes, and to acquire and own property and hold and administer it in accordance with the law are guaranteed under clause (3) of the same article. In further support of the freedom to profess and practice one's religion, and in order not to subject any non-Muslims to the payment of Islamic religious revenue, article 11 (2) of the Constitution prohibits the compulsion of payment of tax by a person where the proceeds of such tax are partly or wholly allocated for the purpose of a religion other than his own.