1. The Malaysian Constitution is the supreme law of the land. It divides powers between the federal and state governments and protects fundamental rights and liberties. 2. The constitution establishes Malay as the national language, Islam as the official religion, and outlines several ways for citizens to acquire and lose citizenship. 3. Key provisions address language, religion, citizenship, special privileges for Malays, and personal rights and liberties to create a framework for governance and unity in Malaysia's multiethnic society.

1. Lesson 3
• Malaysian Constitution
2.1 The supremacy of the constitution
2.2 Fundamental provisions of the constitution
Malaysian Studies 2
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2. Introduction
• A constitution is a collection of measures and
guidelines for regulating the administration of a
country.
• Matters outlined in a constitution include :
• Basic freedom,
• Right and responsibilities of government and people,
• Citizenship,
• Judiciary,
• Finance,
• General election and
• Distribution of power between the central and state
governments.
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3. • Malaysia has been a country that is sensitive to current
needs and demands.
• Amendments are made when there are circumstances
which cause certain articles in the Constitution to
become irrelevant.
• Thus, Malaysian Constitution are always practical and
suitable for guiding the country’s government and in
unison guide the behavior of the people.
• As long as the government is sensitive to the current
needs,and the people respect the law, then the
Constitution will continue to work.
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4. Background of the Malaysian Constitution
• The basis of the Federal Constitution of Malaysia is
the Constitution of the Federation of Malaya.
• Following the Alliance’s landslide victory in the first
Federal Election in 1955, Tunku Abdul Rahman
Putra was appointed as Chief Minister.
• The drafting of the Constitution of the Federation of
Malaya was the first step forward the formation of a
new government after Britain agreed to concede
independence to Malaya in 1956. 4

5. • For the task of drafting the Constitution, the British
Government formed a working committee
comprising representatives from their side, advisors
from the Conference of Rulers and Malayan political
leaders.
• In January 1956, Tunku headed a delegation to
London to discuss the Federal Constitution.
• In March 1956, a Commission chaired by Lord Reid
was set up to formulate a draft and refine the
Constitution of the Federation of Malaya. 5

6. • The Commission sought the views of political
parties, non political organizations and individuals
on the form of government and racial structure
appropriate for this country.
• In the consultation process, a memorandum from
the Alliance had gained preference.
• The memorandum, aimed at mutual interests and
strengthening that nation’s democratic system of
government.
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7. Malaysian Constitution
1. In Malaysia only the constitution is supreme.
2. Malaysian Parliament is not supreme
3. Our parliament derives its power from the
constitution which divides legislative power
between the federation and individual state.
4. Malaysia is a federation with a written
constitution.
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8. Malaysian Constitution
Main provision in the
constitution
Language
Religion Citizenship
Special
privileges
Personal
rights
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9. 1. LANGUAGE
• The leaders of Malaysia decided that the future
independent Malaysia must have an official language
to replace the English language.
• The need for a National language that becomes the
language for general communication and the official
language was realized to be important for uniting
people of different ethnic origin, each with their own
spoken language.
• Malay language has been agreed to be the National
language – which until today known as the Malaysian
language.
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The Main Provision In The Malaysian Constitution

10. The rational of the choice
1. The Malay language was the lingua franca in the region for centuries
– widely used during the golden age of Malacca by the traders and
merchants.
2. Very easy to learn – as also been used by the communal groups ,
majority native speakers of the Malay language compared to other
language.
3. Common dialect - Similar term and pronunciation throughout the
country – ( only some of the words have different term and
pronunciation in other states )
4. Romanized letters – has been widely used by all communities since
the use of English language.
5. Clear phonemes – syllables are easy to spell 10

11. • Malay language that was already widely used
grew in popularity.
• The decision to make the Malay language as the
National language did not worry other races
because :
– The use of their own mother tongue language was
allowed
– An advantage to be proficient in both Malay
language as well as their own mother tongue.
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12. 2. RELIGION
• Religion plays an important role in instilling
wholesome values, and producing responsible
citizens with high morals.
• Islam as an official religion is one of the criteria in
Malaysian constitution.
• Nurturing of religious values in a plural society has
been a challenge.
• Authorities have taken a few steps to balance the
religious values in Malaysia :-
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The Main Provision In The Malaysian Constitution

13. 1. The Rukun Negara
– The first principle of Rukun Negara is “Believe in God”
– Regardless of the religion that a Malaysian believes in,
the national ideology emphasizes the importance of
having a religion and believe on it.
2. The curriculum
– Islam as a subject if officially taught at every level in
school.
– Non-Muslim pupils are taught elements of moral and
religion through the subject of Moral Education.
3. Facilities for worship
– Places of worship for every religion are built
throughout the county.
– Financial aid and other support such as building site
can be obtained from the government. 13

14. 4. Support during ceremonies
– Ritual and religious ceremonial practice for all religions
always get cooperation from the authorities, e.g police.
– Help to safeguard security and calm whenever there is a
religious celebration such as the annual possession on
Prophet Muhammad’s birthday, the celebration of
Thaipusam, Chap Goh Mei , Gawai Day and St Anne’s Feast
Day.
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• Religious belief is most basic in nurturing the character of an
individual and to guide him in the life he leads.
• People practice their respective religions without fear, because
there are fair support given by authorities.
• This matter enhances religious tolerance and unite Malaysians.

15. 3. CITIZENSHIP
• Citizenship is a status held by the people who have
the right to be in a country.
• Some of the special rights a citizen can obtain are;
1. The right to vote in an election
2. The right to be active in politics
3. The right to fill a post that is exclusive for citizens only
4. Free to own landed property
5. The right to receive benefits such as welfare benefits,
education, health and so on.
6. Freedom of movement throughout the country
7. The right not to be exiled.
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The Main Provision In The Malaysian Constitution

16. • In return for the protection and special rights,
citizens should fulfill his responsibilities and play
his role in the country.
1. Give national service including joining the army.
2. Stand for the laws and help run the systems in the country.
3. Contribute to the productivity of the country in whatever
field he undertakes.
4. Participate and support national programmes and events
such as the Independence Day.
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17. Ways of acquiring citizenship
1. Jus Soli
• This is based on the laws of the birth place.
Regardless the status of the mother or father,
citizenship status is automatic for people born in
Malaysia between Independence Day and October
1962.
• Those born after 1962 can become citizens if they
fulfill one of the conditions :
– The mother or father is a citizen at the time of his birth
– The mother or father has been residing in the country
– He was not a citizen of any country 17

18. 2. Jus Sanguinis
• Relies solely on the citizenship status of the father
• if the father of the newly born in a citizen of the
Federation, he too becomes a citizen.
• For the child of a citizen who was born outside the
country, the child only inherits the father’s
citizenship status if,
1. His own father was born in Malaysia, or
2. Holds a post in the Public Service at the Federal or
State level, or
3. His birth was registered at the office of a Malaysian
Consulate or with the Malaysian government within
one year after his birth. 18

19. 3. Marriage
• Citizenship given through registration
• Giving the right to a foreign woman who is married
to a Malaysian citizen to apply for to become a
citizen.
• The following condition must be fulfilled :
1. If the husband is a citizen in October 1962 or prior to
that, and the marriage is still binding, or
2. The foreign woman has lived in the Federation for two
years before the application is made, has the intention
to continue living in the Federation and is of good
conduct.
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20. 4. Naturalization
• Article 19 of the Malaysian Constitution provides
the opportunity to residents who are not born in
Malaysia to become Malaysian citizen.
• Applicants are required to fulfill the following
conditions :
1. Aged 21 and above, and
2. Have lived in the Federation for about 10 out 12 years
from and up to the date of application, and
3. Have the intention to live permanently in the country,
and
4. Of good conduct, and
5. Have sufficient knowledge of the Malay language. 20

21. Loss Of Citizenship Status
• A person who becomes a citizen can lose his
citizenship in two ways
1. He himself rejects the citizenship for personal
reasons.
2. He has violated the laws and committed a
prohibited action that can be one of the following:
i. He has become the citizen of another country
ii. He is enjoying all the facilities in another country,
whereas those rights are given only to the citizens of
those countries, for example, he participates in the
foreign country’s elections or possesses a foreign
passport.
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22. iii. A woman becomes the citizen of a foreign country
through marriage with a man from the country
concerned.
iv. Acts negatively showing he is no longer loyal to
Malaysia.
v. Has business or ties with a hostile country.
vi. Has been jail sentenced in a state of not less than 12
months or fined not less than RM 5,000.00 within a
period of five years after becoming a citizen.
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23. viii.Gives services to another country without
permission
ix. Lives continuously for five years in a foreign
country unless he is on service with or on behalf
of the Malaysian government.
x. The citizenship has been falsely obtained.
xi. A foreign woman who acquired her citizenship
status through marriage, is divorced from the
husband, except in the case where the husband
has passed away.
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24. 4. Special Privileges
• The Malaysian Constitution has a special provision under
Article 153 that protects the special rights of the Malays and
the Bumiputeras of Sabah and Sarawak.
• This provision involves the special reservation in terms of
scholarships, posts in the public service, business and
industrial licenses, reserve land.
• The special provision is considered to bring them to the
same economic and education status as the other races
• With equality of status it will be possible to sustain political
stability and public peace. 24
The Main Provision In The Malaysian Constitution

25. Special Provision Article 153
• As the Malays and Bumiputeras get the special rights,
the Constitution has also made allowances for certain
provision for people of non-Malay descent to enjoy
Article 153 by making himself eligible to be categorized
“Malay”
• Article 160 (2) – A Malay is interpreted as someone
who practices the religion of Islam, normally speaks
Malay language and observes Malay customs and
traditions.
• With this provision, non-Malay citizens or their children
can make themselves eligible for the special rights
provided under Article 153. 25

26. Basic Rights In The Constitution
• In the Constitution, the fundamental rights are
written as fundamental liberties.
• There are three parts to fundamental liberties :
1. Freedom of Worship
2. Personal Freedom
3. Economic Freedom
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27. (1) Freedom of Worship
• Article 11 and 12 of the Malaysian Constitution elaborate on the
freedom of worship.
• Among the important aspects are :
1. Every person has the right to practice a religion
2. A person under 18 years cannot be asked to take part in a religious
ceremony other than his own.
3. A person cannot be asked to pay any sort of tax if what is collected
is used for the interest of a religion other than his own.
4. Groups of the same religion have the right to organize religious
businesses.
• This freedom of worship is guaranteed although Islam has been
made the official religion of the country.
• However, all aspects of the freedom of worship should not disturb
public peace.
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28. ( 2 ) Personal Freedom
• Emphasizes that a person cannot have his life taken
away or his freedom destroyed except as required
by the laws.
• For example,
– A person should the reason before being arrested and
given a chance to defend himself ;
– A person is allowed to speak and voice his opinion or to
gather peacefully and to form associations.
• However, the law can restrict the freedom
mentioned to safeguard public interest in certain
circumstances. 28

29. ( 3 ) Economic Freedom
• Under this freedom, Malaysians are protected from
being turned into slaves.
• Malaysians have the right to own property and
should there be any need on the part of
government to take over the property, proper
compensation should be made to the owner.
• Freedom to run associations, e.g workers can fight
in peace for their economic interest through
associations.
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