ISLAM IN THE FEDERAL CONSTITUTION

(UNEDITED)

ISLAM IN THE FEDERAL CONSTITUTION[1]

Assoc. Prof. Dr. Mohamed Azam Mohamed Adil
Centre for Islamic Thought and Understanding (CITU)
Universiti Teknologi MARA (UiTM)
40450 Shah Alam
(e-mail:mazamadil@hotmail.com)


Introduction

The 12th General Election held in March 8, 2008 has shaped a new scenario of politics in Malaysia. For the first time, since independence, four states, namely Kedah, Penang, Perak and Selangor fell into the opposition. Kelantan has been under PAS for several times before (1960s and again from 1990 until present).

Except Kedah and Kelantan where the population of Malays is majority, the rest, especially Penang saw otherwise. One of the factors that contributed to the defeat of BN to the opposition is ‘the Islamic matters’. Non-Muslims believe that their rights especially matters concerning private matters like professing and practising their religions ‘have been taken away’ by UMNO, the backbone of BN.

Non Malays/non-Muslims believe that the components of BN like MCA, MIC and Gerakan have failed to put the “track” back to its original. In recent years, there was a public outcry on many issues. Apostasy by the converts, determination of child’s faith, tussle for deceased’s body, custody of child for a new convert etc.

On the contrary, the Malays believe that their religious rights have been challenged. This can be seen, for example, in apostasy cases. They cannot accept Muslim converts to apostatise simply because their marriage has terribly broken down. The Malays seem to protect themselves and tend to become good Muslims.

What the nations had enjoyed in the past 50 years seem to be forgotten by many. Malays and non-Malays were used to mingle around since kindergarten. Yet, this phenomenon has rarely taking place at present.

The principle of ‘give and take’ is the best one to be preserved. That was the most important ingredient formed by our great founders. Although there was a bargain among the Alliance in certain matters, yet, for the sake and interest of the nation, they all agreed that matters like ‘Malay privileges, Islam as the religion of the Federation, the role of the Conference of Rulers, the use of Tamil and Chinese languages, citizenship provisions and sharing of revenues between Federal and the States’ should remain untouched.[2]

The Federal Constitution, being the supreme law of the land, has been regarded as the document of reference should ambiguity take place.

The Special Position of Islam in the Federal Constitution

When the Reid Commission first revealed the White Paper, there was no provision on Islam as the State religion. It was the idea of Justice Abdul Hamid of Pakistan, a member of the Commission who made a note of dissent with regard to this matter. It was later accepted by the Alliance party that a provision on Islam as the religion of the Federation should be inserted in the Constitution. In the first place, however, the Malay Rulers fully rejected such an idea fearing that they will lose the only power left for them, i.e. matters pertaining to Islam. In the end, after a series of explanations, the Malay Rulers had agreed to that idea after the Alliance had made it clear that this provision would not jeopardize the prerogative and rights of the Rulers.

The White Paper has indicated that the provision that ‘Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation’ will not prevent the State from being a secular State. This last part of the report has led to a series of debate among practitioners and scholars. For some scholars, Malaysia is a secular state, while others suggest that Malaysia is an Islamic state. The endless debate on this matter will not bear any fruitful result.[3]

The most important agenda, at this particular moment is, for the nation to uphold the provisions enshrined in the Constitution for the sake of everybody. It must be accepted that Islam is the only religion mentioned in the Constitution. Despite the fact that the religion of Islam is given a special position in the Federal Constitution, other religions are given a place in the Constitution. Subject to clauses (4) and (5) of Article 11 of the Federal Constitution, every individual is given a freedom to profess and practice his religion. The restrictions, however, are that, non-Muslims are prohibited to propagate their religions among Muslims. Furthermore, freedom of religion is restricted save for morality and stability.[4]

[1] Round Table Conference Organised by Centre for Media and Information Warfare Studies, Faculty of Communication and Media Studies, UiTM, Shah Alam, 10 November 2008.
[2] Shad Saleem Faruqi, “The Federal Constitution and the Social Contract”, Conference on National Integration and United, Nation-State of Malaysia, Co-organised by Centre for Media and Information Warfare Studies, Faculty of Communication and Media Studies, UiTM, Shah Alam and Ministry of Unity, Culture, Arts and Heritage, Holiday Inn, Glenmarie, Kuala Lumpur, 23-25 June 2008, p. 1.
[3] For further reading on the debate of this, please refer to Mohamed Azam Mohamed Adil, “Law of Apostasy and Freedom of religion in Malaysia”, Asian Journal of Comparative Law, Volume 2 (2007), pp. 145-147.
[4] Freedom of religion is not absolute in Malaysia. For further reading on this, please refer to Mohamed Azam Mohamed Adil, “Restrictions in Freedom of Religion in Malaysia: A Conceptual Analysis with Special Reference to the Law of Apostasy”, Muslim World Journal of Human Rights, Vol. 4, Issue 2, Article 1.