Religious rights and human right are intertwined but the interpretation of either depends largely on prevailing circumstances, said leaders of major religious groups supporting the proposed formation of an interfaith commission.

Yesterday, two members of the Allied Coordinating Committee for Islamic NGOs (Accin) were reported as stating that religious rights should prevail over human rights whenever these clash.

Ipoh-based Khalsa Diwan Malaysia senior vice-president Harcharan Singh said the reconciliation of human rights and religious rights depends a lot on surrounding circumstances. The group is the country's oldest Sikh society.

"The interpretation of these rights is subject to the laws of a particular country, the prevailing societal norms and many other external factors," he told malaysiakini in a telephone interview today.

"It is very difficult to clearly define these rights as infringements could happen both ways... against followers of a particular religion or against others."

In Sikhism, he said, there was no interference if someone wanted to leave the religion unless there were exceptional circumstances requiring some advice to be given beforehand.

"There is a subtle difference between human rights and religious rights. The point here is to know where one ends and the other begins, not which supercedes the other."

The interfaith commission proposal has seen objections and boycotts by prominent Muslim individuals and groups despite assurances by proponents that the move is intended to ensure and promote religious harmony and understanding.

Difference between rights

Asked to comment on Accin's stand, Harcharan, who is also president of the 10-member Malaysian Consultative Council of Buddhism, Christianity, Hinduism and Sikhism (MCCBCHS), said a decision by an individual to remain in or to leave a religion is a human right.

"Our right as a human being is to sincerely follow a religion once we have made that choice. Only then comes the religious right to practice our faith accordingly."

He said the religious right is for a person to practice the teaching of that religion and that the human right is the choice to remain in or leave a religion, to change religion or even not believe in anything at all.

"It is a right of choice given to all. By being a creature of God, we are all born with human rights that are to be exercised with a conscious will and with full awareness of the consequences of our actions.

"Once we have chosen a religion, it is then our right to practise what that religion requires of us, including prayers and rituals."

Christian view

Council of Churches Malaysia general-secretary Dr Hermen Shastri said human rights have always been embedded in religion.

"This is where the religion plays the role of protector. The application of it, however, may affect traditional interpretations of Christianity," he said when contacted.

"Take the example of women and equal opportunities. If there is a clash, we need a fresh interpretation or to re-state the church's position on issues that evolve with time."

Speaking from a Christian perspective, Hermen said modern-day human rights as contained in the Universal Declaration of Human Rights are rooted in Christian theological traditions.

"If ever there is any clash between the human and religious rights, it would be on the basis of interpretation of that faith," he said.

"Differing opinions on clashing rights is an earnest re-visit of theological traditions held by the church. The question is whether, in taking a new stance, it compromises on the established position of the church."

Citing the theory of war, gender issues, euthanasia (mercy killing) and genetic engineering as examples, he said there were more grey areas in these subjects than a clear-cut right or wrong.

"For instance, the church will not say women do not have a place in church and will speak of gender equality. But the implementation of it becomes problematic.

"Even those churches that don't ordain women as priests face the same dilemma. The bottom line is the dignity of human life as created in the image of God...in short, the sanctity of life itself."

Buddhist view

While Sikhs and Christians agree on the point that human and religious rights should be interpreted on a case-by-case basis, Buddhists hold that human rights should prevail over religious rights.

Sarath W Surendre, president of Sasana Abhiwurdhi Wardhana, the country's oldest registered Buddhist society, said there was no basis for a conflict because both rights create a synergy between each other.

But if a conflict arises, it should be resolved according to universal thinking that human rights should prevail over religious rights.

"We need to respect human beings. Religion is a guidance for individual interaction and social conduct. It teaches a person how to behave as a human being. There is no clash between human and religions rights," he said, noting the peculiar situation in Malaysia which often sees conflict between civil and religious laws.

Sarath, who is treasurer-general of the MCCBCHS, said that since religion is a private matter, each individual's view will be different although they may all be followers of the same faith.

"This is true in all religions because all of us are different. This is why we see things from different perspectives," he added.

"The overriding factor is that of human rights because we are all human beings first and foremost."