This article explains Section 295 of the Penal Code, which addresses the offense of destroying, damaging, or defiling places of worship or sacred objects with the intent to insult religion. It defines key terms like 'destroying,' 'damaging,' and 'defiling,' and provides examples. The article also touches on the importance of the mental element in proving the offense and connects the legal provision with relevant religious principles, including a verse from the Quran.
and enjoy FREE RM10 & when you sign up using code VERSAMM10 with min. cash of RM100 today! T&Cs apply.MARCH 22 — Section 295 of the Penal Code is the first of five provisions in Chapter XV on offences relating to religion.
The section provides for the offence of destroying, damaging or defiling a place of worship with intent to insult the religion of any class. It reads as follows: Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. The offence is destroying, damaging or defiling a place of worship or sacred object with intent to insult the religion of any class of persons destroyed or damaged or defiled a place of worship or sacred object; andof the offence. “Destroying” is the most severe form. It usually means a total or partial demolition of a religious structure. “Damaging” includes any act that harms a place of worship or a sacred object. It doesn’t have to make them unusable. “Defiling” is often more symbolic. It includes acts that pollute, contaminate, or desecrate a sacred place or object. “Places of worship” includes mosques, temples, churches, and gurdwaras. “Sacred objects” includes idols, religious texts, and holy artifacts – anything considered sacred by a religion. — File picture by Hari Anggara “Places of worship” includes mosques, temples, churches, and gurdwaras. “Sacred objects” includes idols, religious texts, and holy artifacts – anything considered sacred by a religion. which is vital to proving the offence. It is conversely the main defence to a charge for the offence. The offence is in consonance with the Quranic prohibition in Surah Al-An’am verse 108 which reads as follows: “And do not insult what they invoke besides Allah or they will insult Allah spitefully out of ignorance.”“Allah prohibits His Messenger and the believers from insulting the false deities of the idolators, although there is a clear benefit in doing so. Insulting their deities will lead to a bigger evil than its benefit, for the idolators might retaliate by insulting Allah, the one God of the believers. “Ali bin Abi Talhah said that Ibn ‘Abbas commented on this verse as follows: ‘They said, ‘O Muhammad! You will stop insulting our gods, or we will insult your Lord.’ Thereafter, Allah prohibited the believers from insulting the disbelievers’ idols, lest they insult Allah wrongfully without knowledge.”* This is the personal opinion of the writer or publication and does not necessarily represent the views of
Section 295 Penal Code Religion Places Of Worship Sacred Objects
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