Abdul Hamid Mohamad FCJ:

[1] Syed Ahmad Johari bin Syed Mohd ("Syed Ahmad") is the father of the 2nd and 3rd appellants and the guardian of the 1st appellant. He and his family live in a FELDA Scheme in Serting, Bahau, Negeri Sembilan. He himself is a teacher at Sekolah Menengah FELDA Lui Barat in the same area. The three appellants were students at Sekolah Kebangsaan Serting Hilir (FELDA), Bandar Baru Serting, Negeri Sembilan. At the material time, the 1st, 2nd, and 3rd appellants were in Standard 5, 3 and 2 respectively and about 11, 9 and 8 years old respectively.

[2] The school had issued the Peraturan Sekolah Kebangsaan Serting (FELDA) 1997 ("The School Regulations 1997"), made pursuant to Surat Pekeliling Ikhtisas Bil. 9/1975 issued by the Ministry of Education.

[3] Regulation 3 of the School Regulations 1997 stipulates, inter alia, that the uniform for male pupils comprises of blue black long pants, white short-sleeved shirt, white rubber shoes and socks. Regulation 3(f)(v) provides that black or blue black songkok is allowed to be worn. However, in reg. 3(i)(i), all pupils are prohibited from wearing "jubah, turban (serban), topi, ketayap dan purdah".

[4] The appellants wore turban as part of the school uniform to school. They were advised not to do so and to comply with the School Regulations 1997. When they refused, the 1st respondent requested Syed Ahmad to see her. At a meeting on 3 April 1997, the 1st respondent requested Syed Ahmad to cooperate to ensure that the appellants adhere to the School Regulations 1997. He refused to cooperate and the appellants continued to wear turban to school.

[5] On 28 July 1997 and 4 August 1997 the respondent sent two letters to Syed Ahmad informing him about the appellants' breach of the School Regulations 1997 and for the appellants to substitute "songkok" for the turban. The 1st respondent again requested for Syed Ahmad's cooperation to avoid disciplinary action being taken against the appellants.

[6] On 30 August 1997 the Director of Education of Negeri Sembilan wrote to Syed Ahmad stressing that the appellants had to observe the regulations "demi kepentingan dan kesejahteraan warga sekolah dan masyarakat sekitar".

[7] As the appellants continued to refuse to comply with the regulations, on 3 November 1997 the 1st respondent sent a letter to Syed Ahmad informing him that the appellants had been expelled from the school with effect from 10 November 1997.

[8] They challenged their dismissal in court. The learned judge found in their favour, inter alia, ruling that the School Regulations 1997 was unconstitutional ([2000] 1 CLJ 393.) The Court of Appeal reversed the judgment of the High Court ([2005] 2 CLJ 255).

[9] This court granted leave to appeal on one issue only:

Whether the regulations prohibiting the wearing of "serban" by school pupils violate Article 11(1) of the Federal Constitution.

[10] So, the issue before this court is not whether the wearing of turban is constitutional or not but whether the School Regulations 1997, in so far as it prohibits the wearing of turban by the students of the school as part of the school uniform during school hours is constitutional or not.

[11] Before us, learned counsel for the appellants argued that the regulation prohibiting students from wearing turban violates the provisions of art. 11(1) of the Federal Constitution. That article provides:

11(1) Every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it.

[12] He argued that this appeal relates to the right to practise one's religion but submitted that the word "profess" and "practise" must be read together (I do not quite understand what he meant by "must be read together".) He submitted that the right to practise one's religion includes every religious practice "which have some basis or become part of that religion whether they are mandatory or otherwise." That right can only be restricted if, by exercising such rights, it a