E/CN.4/1990/46 page 26 "9. Article 11 (1) of the Constitution also guarantees the right of a person to propagate his religion, except for the limitation provided for in article 11 (4) s the extent and rationale of which are detailed in the earlier paragraphs. "10. In regard to the amendment to article 121 of the Constitution, the Government of Malaysia would like to stress that this amendment has not coerced and can in no way coerce non-Muslims to accept Muslim principles of conduct, as alleged. "11. The purpose of the amendment to article 121 (relating to jurisdiction over matters within that of the shariah courts) is to confine jurisdiction over persons professing the religion of Islam in matters of their personal and family law exclusively to the shariah courts. This is consistent with the jurisdiction of the shariah courts as provided for in paragraph 1, List II - State List, Ninth Schedule of the Constitution. As such, the amendment has no impact on the position of non-Muslims. "12. Jurisdiction of the shariah courts in respect of offences is assumed only where so conferred by federal law. The law for the conferment of criminal jurisdiction on the shariah courts (the Muslim Courts (Criminal Jurisdiction) Act 1965) limits jurisdiction to those professing the religion of Islam only. Clearly} therefore, any offences under the enactments are to be prosecuted in the secular courts, either at first instance or on appeal. "13. In the circumstances, it is clear that the amendment to article 121 of the Constitution, to the effect that the secular courts shall have no jurisdiction over matters which form the subject matter of the shariah courts» does not serve to extend its jurisdiction (which is limited to Muslims in matters specified in paragraph 1, List II - State List, Ninth Schedule of the Constitution only) to non-Muslims. Hence the proposition that this has resulted 'in a form of coercion for non-Muslims to accept Muslim principles of conduct' cannot be supported by a clear understanding of the scope and import of the amendment to that article." 59. In a communication of 13 October 1989 addressed to the Government concerned, the following information was transmitted by the Special Rapporteur: "It has been reported that recently enacted legislation, in particular sections 166 and 185 of the Administration of the Religion of Islam and Malay Custom of Pahang (Amendment) Bill 1989, provides for the whipping of former Muslims who have changed their religion or who tell Muslims about other faiths." Mauritania 60. In a communication addressed to the Government on 10 November 1989, the following information was transmitted by the Special Rapporteur: "According to information received, under article 306 of the Penal Code of 19839 any Muslim who abandons his faith and does not repent within three days is liable to the death sentence."