Human factors visualization and storytelling design the Malaysian and the Indonesian courts’ perspectives on religious rights to wear headscarf and its implication to the fulfilment of women’s economics, social, and cultural rights

• Main Authors: Mokhtar, Khairil Azmin, Muhidin, Muhidin, Adhani, Hani, Rachminawati, Rachminawati
• Format: Article
• Language: English
• Published: AIKOL Press 2021
• Subjects: K Law (General); K3165 Constitutional Law
• Online Access: http://irep.iium.edu.my/102754/7/102754_Human%20factors%20visualization%20and%20storytelling%20design.pdf; http://irep.iium.edu.my/102754/; https://lawmajalla.iium.edu.my/
• Institution: Universiti Islam Antarabangsa Malaysia

A modern constitution safeguards human rights. Although the views on human rights in each country are different, it has been generally agreed that one of the rights is freedom of religion. Accordingly, the Indonesian Constitution (UUD 1945) proclaims freedom of religion in Article 28E which states, "The State guarantees the freedom of every citizen to embrace his or her religion and to worship according to his religion and belief". Also, in the Malaysian Constitution, article 11 states that every person has the right to profess, practice and propagate religion. One of the controversies relating to freedom of religion is the prohibition of hijab or headscarf for Muslim women, which occurred in several countries in the world. This research elaborates the correlation between religious freedom and the right to dress according to one’s religion as governed under the Indonesian and Malaysian constitutions and its implication to the fulfilment of women’s economic, social, and cultural rights. The study also examines rules governing religious freedom especially freedom of religious attire and ECOSOC rights from various sources such as international human rights conventions, declarations and laws. Based on the cases decided in Malaysia