1. Islam is the religion of the federation but all other religions may be freely practiced.
2. Every person has the right to profess, practice and propagate their own religion, subject to certain restrictions for Muslims.
3. Religious groups have rights to manage their own affairs, establish institutions, acquire property, and establish religious schools.
4. There is no compulsion on anyone to support a religion other than their own, though paying tax that supports one's own religion is allowed.
The document provides an overview of the Federal Constitution of Malaysia, including:
- It was first introduced on August 31, 1957 as the Constitution of the Federation of Malaya and later became the Constitution of Malaysia on September 16, 1963.
- The latest amendment was made in 2007. There have been numerous reprints of the Constitution since its introduction.
- It outlines the structure and contents of the Constitution, which includes 14 parts covering topics like citizenship, fundamental liberties, the federation, relations between the federation and states, financial provisions, elections, the judiciary, and general provisions.
Konsep pembangunan dan modernisasi di Malaysia berkembang melalui beberapa fasa rancangan pembangunan negara yang bertujuan meningkatkan ekonomi, pendidikan, dan kesejahteraan masyarakat secara menyeluruh demi mencapai negara maju.
Topic 3 main components of the malaysian government systemChe Amm
The document discusses the main components of the Malaysian government system. It introduces the Council of Rulers, which elects the Yang di-Pertuan Agong (Head of State) and plays an important advisory role. The three main bodies of government - the executive, legislative, and judiciary - are also explained. The executive body is led by the Prime Minister and Cabinet. The legislative body consists of the Parliament and State Assemblies, which create laws. These bodies operate under the principle of separation of powers.
[Ringkasan]
Dokumen tersebut membahas sejarah awal pembentukan negara Malaysia, dimulai dari zaman prasejarah hingga berdirinya kerajaan Melaka pada abad ke-15. Kerajaan Melaka berkembang menjadi pusat perdagangan internasional yang makmur hingga jatuh ke tangan Portugis pada tahun 1511. Kerajaan Johor kemudian didirikan untuk melanjutkan warisan Melaka.
An Analysis of the Courts’ Decisions on Islamic Finance DisputesMahyuddin Khalid
The document summarizes several key court cases related to Islamic finance disputes in Malaysia between 1994 and 2010. The cases examined issues such as whether Bay al-Bithaman Ajil (BBA) contracts were valid and enforceable, whether banks could claim the full sale price in the event of default, and how to determine repayment amounts. The courts generally found that BBA contracts were valid sale agreements and banks were allowed to claim the full outstanding sale price, though in some cases the repayment amount was reduced to ensure it was equitable. The courts also affirmed their jurisdiction over disputes involving Islamic banks as corporate entities.
The document provides an overview of the Malaysian constitution, including its origins and purpose. It discusses:
1) The origins of the Malaysian constitution beginning in the late 19th century under British rule, including the establishment of early governing bodies and the drafting of the 1957 Federal Constitution.
2) The purpose of the Malaysian constitution in creating a fair form of governance that balances the interests of different racial groups, preventing abuse of power by rulers, and controlling the movement of both the government and citizens.
3) How the constitution serves as the highest law in Malaysia and provides principles for governance, distribution of power, and protection of individual rights.
Topic 5 main provisions in the constitutionChe Amm
The document discusses key concepts in the Malaysian constitution, including federalism, parliamentary democracy, and constitutional monarchy. It defines federalism as the division of power between central and state governments, with both able to cooperate in decision making. Parliamentary democracy is explained as a system where elected representatives govern according to the will of the people. Constitutional monarchy is discussed as a system where the monarch's powers are limited by the constitution.
The document provides an overview of the Federal Constitution of Malaysia, including:
- It was first introduced on August 31, 1957 as the Constitution of the Federation of Malaya and later became the Constitution of Malaysia on September 16, 1963.
- The latest amendment was made in 2007. There have been numerous reprints of the Constitution since its introduction.
- It outlines the structure and contents of the Constitution, which includes 14 parts covering topics like citizenship, fundamental liberties, the federation, relations between the federation and states, financial provisions, elections, the judiciary, and general provisions.
Konsep pembangunan dan modernisasi di Malaysia berkembang melalui beberapa fasa rancangan pembangunan negara yang bertujuan meningkatkan ekonomi, pendidikan, dan kesejahteraan masyarakat secara menyeluruh demi mencapai negara maju.
Topic 3 main components of the malaysian government systemChe Amm
The document discusses the main components of the Malaysian government system. It introduces the Council of Rulers, which elects the Yang di-Pertuan Agong (Head of State) and plays an important advisory role. The three main bodies of government - the executive, legislative, and judiciary - are also explained. The executive body is led by the Prime Minister and Cabinet. The legislative body consists of the Parliament and State Assemblies, which create laws. These bodies operate under the principle of separation of powers.
[Ringkasan]
Dokumen tersebut membahas sejarah awal pembentukan negara Malaysia, dimulai dari zaman prasejarah hingga berdirinya kerajaan Melaka pada abad ke-15. Kerajaan Melaka berkembang menjadi pusat perdagangan internasional yang makmur hingga jatuh ke tangan Portugis pada tahun 1511. Kerajaan Johor kemudian didirikan untuk melanjutkan warisan Melaka.
An Analysis of the Courts’ Decisions on Islamic Finance DisputesMahyuddin Khalid
The document summarizes several key court cases related to Islamic finance disputes in Malaysia between 1994 and 2010. The cases examined issues such as whether Bay al-Bithaman Ajil (BBA) contracts were valid and enforceable, whether banks could claim the full sale price in the event of default, and how to determine repayment amounts. The courts generally found that BBA contracts were valid sale agreements and banks were allowed to claim the full outstanding sale price, though in some cases the repayment amount was reduced to ensure it was equitable. The courts also affirmed their jurisdiction over disputes involving Islamic banks as corporate entities.
The document provides an overview of the Malaysian constitution, including its origins and purpose. It discusses:
1) The origins of the Malaysian constitution beginning in the late 19th century under British rule, including the establishment of early governing bodies and the drafting of the 1957 Federal Constitution.
2) The purpose of the Malaysian constitution in creating a fair form of governance that balances the interests of different racial groups, preventing abuse of power by rulers, and controlling the movement of both the government and citizens.
3) How the constitution serves as the highest law in Malaysia and provides principles for governance, distribution of power, and protection of individual rights.
Topic 5 main provisions in the constitutionChe Amm
The document discusses key concepts in the Malaysian constitution, including federalism, parliamentary democracy, and constitutional monarchy. It defines federalism as the division of power between central and state governments, with both able to cooperate in decision making. Parliamentary democracy is explained as a system where elected representatives govern according to the will of the people. Constitutional monarchy is discussed as a system where the monarch's powers are limited by the constitution.
The document discusses the concept of equality, including how the law guarantees equal treatment and protection for all people regardless of attributes like religion, race or gender. It also discusses reasonable classifications in laws and policies to treat different groups of people differently as long as there is a rational basis. The concept of equality is meant to ensure fairness and prohibit unjust discrimination under the law.
Article 6 prohibitions of slavery and forced labourHafizul Mukhlis
This document discusses slavery, forced labor, and freedom under international law and Malaysian constitutional law. It provides definitions of a slave, forced laborer, and free man based on lack of liberty and payment. International treaties prohibiting slavery and forced labor are outlined. Article 6 of the Malaysian constitution is examined, which absolutely prohibits slavery and allows only limited exceptions to the prohibition of forced labor, such as compulsory military service or imprisonment. A Malaysian court case is summarized that found employees must be given proper notice and a choice of employer to prevent forced labor that would violate constitutional rights.
Tamadun Islam didasarkan pada empat asas utama: iman, ibadah, syariah, dan akhlak. Asas-asas ini memainkan peran penting dalam membangun masyarakat Islam secara seimbang antara spiritual dan material sesuai dengan ajaran Al-Quran dan Sunnah. Ciri-ciri khas Tamadun Islam meliputi penekanan nilai-nilai ketuhanan, keseimbangan, dan kesederhanaan dalam segala aspek kehidupan.
Islam mempengaruhi perkembangan bahasa dan kesusasteraan Melayu di Asia Tenggara. Tulisan jawi menjadi tulisan rasmi, sementara bahasa Melayu menjadi bahasa pentadbiran dan perdagangan (lingua franca). Gaya dan tatabahasa bahasa Melayu dipengaruhi Arab, sementara kesusasteraan Melayu mengambil bentuk sastera Islam.
The 13 May 1969 racial riots in Kuala Lumpur erupted due to long-standing racial tensions between the Malays and Chinese that stemmed from biased treatment during the Japanese occupation, the "divide and rule" policies of British colonialism, differences in education and language policies, political disputes around privileges for Malays, and imbalances in economic status and wealth between the ethnic groups. The riots killed hundreds and had long-lasting impacts on policies around national unity, education, and affirmative action for Malays in Malaysia. Lessons learned included the need for a shared national identity and more equitable policies to address economic disparities between races.
Dokumen tersebut membahas tentang syariah dalam tamadun Islam. Ia menjelaskan definisi syariah, sumber-sumber syariah seperti Al-Quran dan sunnah, matlamat dan pembahagian syariah ke dalam ibadah dan muamalat, serta keistimewaan undang-undang syariah.
International Business Environment ADM 602Juriza Jusoh
This document provides an overview of Myanmar's economy and business environment. Some key points:
- Myanmar has a population of over 50 million and is located between India and China. The largest cities are Yangon and Mandalay.
- The economy has grown around 7% annually in recent years, driven by sectors like oil/gas, manufacturing, and tourism. However, infrastructure and regulations still pose challenges for foreign investment.
- Opportunities exist in industries like consumer goods, construction materials, power, and oil/gas. Foreign brands have potential due to growing purchasing power in Myanmar.
- Malaysia exports petroleum products and imports metals from Myanmar. Joint ventures could allow Malaysian
CTU555 Sejarah Malaysia - Kesepaduan dalam Kepelbagaian di MalaysiaMahyuddin Khalid
Dokumen tersebut membahas konsep hubungan etnik di Malaysia, termasuk definisi ras, etnik, budaya, integrasi, dan perpaduan serta bagaimana Islam mendukung keragaman etnik."
MALAYSIAN LEGAL SYSTEM Sources of law – subsidiary legislationxareejx
Subsidiary legislation refers to laws made by authorities other than the legislature under powers granted by a primary or parent legislation. The parent legislation delegates authority to make subsidiary laws on technical or administrative matters. For example, the Employment Act 1955 allows the Minister to make regulations on employee termination benefits. The Minister enacted the Employment (Termination and Lay-Off Benefits) Regulation 1980 as the subsidiary legislation. Subsidiary laws allow details to be handled by experts and offer flexibility, but some argue it violates separation of powers.
The sources of law in Malaysia include the Federal Constitution, state constitutions, legislation passed by federal and state legislatures, judicial decisions, English common law, Islamic law, and customary laws. The Federal Constitution is the supreme law of the land. Legislation includes Acts of Parliament and subsidiary legislation. Judicial decisions become precedents through the doctrine of stare decisis. English common law was received prior to independence. Islamic law and native customary laws also apply in certain circumstances.
The document discusses key features of the 1987 Philippine Constitution across 18 articles. It defines what a constitution is, explains what the 1987 Constitution established such as the three branches of government and bill of rights, and the process by which it was drafted and adopted. The summary also outlines the major parts and contents of the 1987 Constitution.
The document discusses the concept of equality, including how the law guarantees equal treatment and protection for all people regardless of attributes like religion, race or gender. It also discusses reasonable classifications in laws and policies to treat different groups of people differently as long as there is a rational basis. The concept of equality is meant to ensure fairness and prohibit unjust discrimination under the law.
Article 6 prohibitions of slavery and forced labourHafizul Mukhlis
This document discusses slavery, forced labor, and freedom under international law and Malaysian constitutional law. It provides definitions of a slave, forced laborer, and free man based on lack of liberty and payment. International treaties prohibiting slavery and forced labor are outlined. Article 6 of the Malaysian constitution is examined, which absolutely prohibits slavery and allows only limited exceptions to the prohibition of forced labor, such as compulsory military service or imprisonment. A Malaysian court case is summarized that found employees must be given proper notice and a choice of employer to prevent forced labor that would violate constitutional rights.
Tamadun Islam didasarkan pada empat asas utama: iman, ibadah, syariah, dan akhlak. Asas-asas ini memainkan peran penting dalam membangun masyarakat Islam secara seimbang antara spiritual dan material sesuai dengan ajaran Al-Quran dan Sunnah. Ciri-ciri khas Tamadun Islam meliputi penekanan nilai-nilai ketuhanan, keseimbangan, dan kesederhanaan dalam segala aspek kehidupan.
Islam mempengaruhi perkembangan bahasa dan kesusasteraan Melayu di Asia Tenggara. Tulisan jawi menjadi tulisan rasmi, sementara bahasa Melayu menjadi bahasa pentadbiran dan perdagangan (lingua franca). Gaya dan tatabahasa bahasa Melayu dipengaruhi Arab, sementara kesusasteraan Melayu mengambil bentuk sastera Islam.
The 13 May 1969 racial riots in Kuala Lumpur erupted due to long-standing racial tensions between the Malays and Chinese that stemmed from biased treatment during the Japanese occupation, the "divide and rule" policies of British colonialism, differences in education and language policies, political disputes around privileges for Malays, and imbalances in economic status and wealth between the ethnic groups. The riots killed hundreds and had long-lasting impacts on policies around national unity, education, and affirmative action for Malays in Malaysia. Lessons learned included the need for a shared national identity and more equitable policies to address economic disparities between races.
Dokumen tersebut membahas tentang syariah dalam tamadun Islam. Ia menjelaskan definisi syariah, sumber-sumber syariah seperti Al-Quran dan sunnah, matlamat dan pembahagian syariah ke dalam ibadah dan muamalat, serta keistimewaan undang-undang syariah.
International Business Environment ADM 602Juriza Jusoh
This document provides an overview of Myanmar's economy and business environment. Some key points:
- Myanmar has a population of over 50 million and is located between India and China. The largest cities are Yangon and Mandalay.
- The economy has grown around 7% annually in recent years, driven by sectors like oil/gas, manufacturing, and tourism. However, infrastructure and regulations still pose challenges for foreign investment.
- Opportunities exist in industries like consumer goods, construction materials, power, and oil/gas. Foreign brands have potential due to growing purchasing power in Myanmar.
- Malaysia exports petroleum products and imports metals from Myanmar. Joint ventures could allow Malaysian
CTU555 Sejarah Malaysia - Kesepaduan dalam Kepelbagaian di MalaysiaMahyuddin Khalid
Dokumen tersebut membahas konsep hubungan etnik di Malaysia, termasuk definisi ras, etnik, budaya, integrasi, dan perpaduan serta bagaimana Islam mendukung keragaman etnik."
MALAYSIAN LEGAL SYSTEM Sources of law – subsidiary legislationxareejx
Subsidiary legislation refers to laws made by authorities other than the legislature under powers granted by a primary or parent legislation. The parent legislation delegates authority to make subsidiary laws on technical or administrative matters. For example, the Employment Act 1955 allows the Minister to make regulations on employee termination benefits. The Minister enacted the Employment (Termination and Lay-Off Benefits) Regulation 1980 as the subsidiary legislation. Subsidiary laws allow details to be handled by experts and offer flexibility, but some argue it violates separation of powers.
The sources of law in Malaysia include the Federal Constitution, state constitutions, legislation passed by federal and state legislatures, judicial decisions, English common law, Islamic law, and customary laws. The Federal Constitution is the supreme law of the land. Legislation includes Acts of Parliament and subsidiary legislation. Judicial decisions become precedents through the doctrine of stare decisis. English common law was received prior to independence. Islamic law and native customary laws also apply in certain circumstances.
The document discusses key features of the 1987 Philippine Constitution across 18 articles. It defines what a constitution is, explains what the 1987 Constitution established such as the three branches of government and bill of rights, and the process by which it was drafted and adopted. The summary also outlines the major parts and contents of the 1987 Constitution.
The document provides an overview of key concepts in Malaysian law, including:
- Malaysian law is classified into written and unwritten law, with important sources being the Federal Constitution, statutes, common law, and Shariah law.
- Law is divided into public law governing relations between citizens and the state, and private law governing relations between citizens.
- Parliament has the authority to make laws under the Federal List and Concurrent List in the Constitution. State assemblies can make laws under the State List.
- The legislative process involves bills being introduced and debated in both houses of Parliament before assent by the Yang di-Pertuan Agong and publication as an Act.
This document provides an overview of key concepts in the Malaysian constitution including federalism, fundamental rights and freedoms, discrimination protection, and social contracts. It discusses how federalism involves shared sovereignty between the federal and state governments. It outlines several fundamental rights guaranteed by the constitution such as life, liberty, freedom of speech and assembly. The document also explains how the constitution provides discrimination protection for certain groups and describes social contracts as compromises made between ethnic groups regarding their mutual rights and privileges.
Waqf (also spelled wakaf) refers to Islamic endowments in Malaysian law. Waqf is regulated at both the federal and state levels through legislation. The key laws focus on procedures for establishing waqf, conditions for validity, and the powers of state Islamic Religious Councils (SIRCs) which act as sole trustees for waqf assets. Several states have enacted their own waqf laws that are generally based on the Waqf (State of Selangor) Enactment 1999 but may include additional provisions. All waqf legislation makes reference to sharia law and fatwas in matters not expressly provided for.
The document summarizes key aspects of human rights and freedoms in Canada as outlined in the Canadian Charter of Rights and Freedoms. It describes how Pierre Trudeau established the Charter in 1982, enshrining fundamental rights for Canadians. These include legal rights, equality rights, official language rights, and protections for minority language education and Aboriginal rights. It also discusses limitations and interpretations of rights by courts. Issues like religious symbols, same-sex marriage, and mobility rights are touched on.
The document summarizes the key aspects of the 1987 Philippine Constitution. It begins by defining what a constitution is and classifying different types of constitutions. It then provides details on the framing and ratification of the 1987 Philippine Constitution, including that it was drafted by a Constitutional Commission and ratified by plebiscite. The summary concludes with a brief overview of the structure and content of the Constitution, mentioning that it contains a Preamble and 18 Articles covering topics like national territory, declaration of principles, and state policies.
The constitution of the democratic socialist republic of sri lankaMuhammed Salam
This document is the Constitution of the Democratic Socialist Republic of Sri Lanka. It establishes Sri Lanka as a unitary, independent and democratic socialist republic. Sovereignty resides with the people of Sri Lanka, who exercise it through electing representatives to Parliament and the President, an independent judiciary, and fundamental rights. The Constitution gives Buddhism the foremost place in Sri Lanka while protecting the rights of all religions. It guarantees rights such as freedom of thought, prohibition of torture, equality before the law, due process, and freedom of expression, assembly, association and movement.
This document discusses the concept of legal pluralism. Legal pluralism refers to the existence of multiple legal systems within one state. It challenges the idea of legal centralism that all law must be state law. The document outlines the emergence and characteristics of legal pluralism. It provides examples of legal pluralism in countries like Malaysia, Australia, and South Africa. The document also discusses some problems with legal pluralism, such as conflicts between different legal systems, and the interactions between legal pluralism and concepts like globalization and human rights.
This document provides the new constitution for Saint Lucia that will come into effect on February 22, 1979 when Saint Lucia attains fully responsible government within the Commonwealth and its status of association with the United Kingdom terminates. The constitution establishes Saint Lucia's executive, legislative, and judicial branches of government and protects fundamental rights and freedoms of its citizens. It was enacted by an order of Her Majesty's Privy Council under the powers vested in the Queen by the West Indies Act of 1967, at the request and with the consent of Saint Lucia.
The Constitution of Monaco is the fundamental law of the Principality.
Its current version was adopted on 17 December 1962 and last amended on 2 April 2002 by Law No. 1.249. It amends the first Constitution of 1911, outlining the separation of power between 3 branches of government.
The Executive branch in Monaco is composed of the Prince and the Minister of State who presides over a six-member Council of Government, responsible for enforcing the laws. The legislative branch consists of a unicameral National Council which is the Principality’s legislative body. The judiciary in Monaco is invested in the Prince, who delegates legal procedures to the Courts of the Principality.
This document provides an overview of the key topics that students will understand after a class on Malaysian law, including: the classification of law into public, private and international law; the sources of Malaysian law such as written laws like the Federal Constitution and unwritten laws including English common law, Syariah law, and judicial decisions; and the court system and law-making process in Malaysia. It also defines key legal concepts and classifications in brief sections and diagrams.
Abstract: Malaysia is a multi-ethnic and multi-cultural country where heterogeneous groups of people follow different religions peacefully. This land was previously ruled by Dutch, Portuguese and English colonisers who left huge influences in framing its plural legal systems. The objective of this study is to analyze the influences of ancestral customs and norms that have been practiced along with the introduction of Islamic principles and the recognition of English laws in Malay and Borneo-islands and their impact on framing the current legal system of Malaysia. It will investigate if different cultures have influenced the adoption and development of legal systems in Malaysia. This study will also look at the changes in Malay culture because of the adoption of different legal systems and will analyse the factors that may have encouraged the Malay Sultans to accept different laws into their own states. This article will also identify the reasons why orthodox people willingly abide by this plural legal system in settling their daily disputes in different courts. Data from journals and books have been taken into consideration in undertaking this study. It has also sifted through some prominent decisions of the judges. After considering all materials, this study advocates that, the federal laws of Malaysia are the combination of three principles: the common laws (applicable to all citizens in civil and criminal matters), the Shariah (applicable for Muslims especially in matrimonial matters) and the Native laws (for the indigenous people of Sabah and Sarawak). This study will look into how the state authority as well as the federal government manages and controls these plural court systems within a federal territory.
Key Words: Legal Pluralism, Legal System, Civil Courts, Shariah Courts & Native Courts.
Politicsandgovernancewithphil constitution-091020093200-phpapp02John Kent Gines
The document discusses the meaning and classification of constitutions. It can be broadly defined as the set of rules that establish and limit governmental powers. More specifically, the Philippine constitution is the written instrument that establishes the fundamental powers of the Philippine government and distributes them among branches.
Constitutions can be classified in several ways: by origin (conventional/enacted vs cumulative/evolved), by form (written vs unwritten), and by amendment process (rigid/inelastic vs flexible/elastic). The Philippine constitution is conventional/enacted, written, and rigid/inelastic.
The document then discusses the framing and ratification of the 1987 Philippine Constitution, which was drafted by a Constitutional Commission and
The 1923 Egyptian Constitution was the first constitution in Egypt and established a constitutional monarchy system. It was drafted by a committee of 30 members representing Egypt's political parties, popular movements, and religious and ethnic groups [1]. The Constitution defined the powers of the King and ministers, and it covered rights and public freedoms [2]. It had 170 articles organizing the state structure and defining the roles of the King, ministers, parliament, judiciary and local councils [3]. The Constitution remained in effect until it was canceled in 1935, but it laid the foundations for a more liberal era in Egypt and influenced subsequent constitutions.
The document provides an overview of the Malaysian legal system, including the sources of Malaysian law and the organs of government. It discusses the various written and unwritten sources that make up Malaysian law, such as the Federal and State Constitutions, legislation, English common law, customs, and Islamic law. It also outlines the three branches of government - the executive, legislative, and judiciary - and their roles and relationships within the legal system. The legislative process is summarized as a bill progressing through first, second, and third readings in one of the houses of Parliament, before being sent to the other house for approval.
This document summarizes Articles 11-13 of the Federal Constitution of Malaysia, which protect fundamental liberties such as freedom of religion, right to education, and freedom of religion. It discusses in detail the scope of protection for freedom of religion for both Muslims and non-Muslims. There are restrictions on this right for purposes of public order, public health, morality, and to prevent disturbance of peace and harmony. Conversion and apostasy are particularly complex issues involving both religious and constitutional dimensions in Malaysia's multiethnic, multireligious society.
Ghetnet Metiku - The powers of courts in ethiopia in the interpretation and a...Ghetnet Metiku
This document discusses the powers of courts in Ethiopia to interpret and apply international human rights provisions. It provides an overview of Ethiopia's judiciary system including federal, state, municipal and religious courts. It also lists the major international human rights instruments that Ethiopia has ratified. The document discusses debates around the status of these international instruments in Ethiopia's legal hierarchy and their justiciability. It explains that courts have a duty to protect and promote human rights based on Ethiopia's constitution and ratified international agreements. However, challenges remain around the status, implementation and accessibility of the international instruments in domestic courts.
The document outlines the basic laws and principles of government in Saudi Arabia. It establishes that Saudi Arabia is an Islamic state with Islam as the official religion and the Quran and teachings of Muhammad as the constitution. The system of government is a monarchy that is hereditary within the sons and grandsons of the first king. The king chooses the heir to the throne and is succeeded by the heir upon death. The government is based on principles of justice, consultation and equality according to Islamic law.
The document outlines the basic laws and principles of government in Saudi Arabia. It establishes that Saudi Arabia is an Islamic state governed by Sharia law, with the Quran and teachings of Muhammad as its constitution. The system of government is a monarchy that is hereditary within the sons and grandsons of the first king. Some of the principles established include protecting Islam, upholding human rights according to Sharia, providing education to combat illiteracy, and establishing armed forces to defend Islam and society. The government has separate judicial, executive, and regulatory authorities that cooperate under the king.
3. General rule of conduct – layman term
The body of enacted or customary rules recognized by a
community as binding – oxford dictionary
The body of principles recognized and applied by the
State in the administration of justice – Sir John Salmond
A command set by a superior being to an inferior being
and enforced by sanctions (punishment) – John Austin
3
4. What is law ?
System of
rules and
guidelines
Compliance then
enforceable then
people who
disobey may suffer Made by
the consequence government
of bearing the Law or
sanction carried parliaments
out by body of
authority
It is set of
values that’s
have been
defined and
thereafter
canonized
4
5. The term law is defined both by Article 160(2) of
the Federal Constitution 1957 and Item (43C) of
Section 2(1) of the Interpretation and General
Clauses Ordinance 1948 to include:-
Written law
a) Common law in so far as it is in operation in the
federation or ant part thereof; and
b) Any custom or usage having the force of law in the
federation or in any part thereof.
5
6. Public Law
Constitutional Law
Criminal law
6
7. The law that governs the relationship between
individuals and the state
Further subdivided to constitutional law and
criminal law
7
8. Lays down the rights of individuals in the state
Deals with questions such as supremacy of
Parliament and rights of citizens
Also covers areas dealing with state and federal
powers
8
9. Codifies the various offences committed by individuals
against the State such as murder, cheating, criminal
breach of trust, forgery, causing grievous hurt, theft,
robbery and counterfeiting
Aims at punishing criminal and suppressing crime
A crime is a wrong against the State for which
punishment is inflicted by the State, the proceedings
being brought by the Public Prosecutor
9
10. LAW IN MALAYSIA
Peninsular Malaysia, Sabah and Sarawak not
governed by the same set of laws
However, two important links which unite the two
parts of Malaysia – the Parliament and the Federal
Court.
The Parliament can and does legislate for the
whole country while the Federal Court acts as final
court of appeal for the whole country
10
13. Magistrate and Sessions courts are Subordinate courts.
Criminal and civil jurisdiction
Criminal jurisdiction;
1st class Magistrate-s.86 Subordinate Court Act 1984
impose sentence not exceeding 5 yrs imprisonment.
and/or fine not exceeding RM 10,000
whipping up to maximum 12 strokes
CIVIL JURISDICTION
SEC. 90-AMOUNT IN DISPUTE OR VALUE OF THE
SUBJECT NOT EXCEEDING RM 25,000
13
14. All offences other than offences punishable by death penalty
S.64-cannot impose death sentence
S.65-unlimited jurisdiction to try all actions and suits of a civil
nature in respect of motor vehicle ,accidents, landlord and
tenant and distress
All civil actions where the amount in dispute or the value of
the subject matter does not exceed RM 25,000
Exceptions (no jurisdiction)
With respect to applications for specific performance or
restriction of contracts, injunctions, enforcement of trust,
declaration of decrees and revocation of grants of
representation of the estates
14
15. 2 High Courts
High Court of Malaya, High Court of
Sabah and Sarawak
2 jurisdiction
Court of first instance and appellate court
Criminal and civil cases.
All offences committed within its local jurisdiction
or on the high seas on board any ship or air craft
registered in Malaysia, or by any citizen or
permanent resident, or by any person on the
high seas where the offence is piracy by the law
of nations.
15
16. COURT OF LAST RESORT
ORIGINAL JURISDICTION
Art.128(1) (2) Federal Constitution-same as High ct
Art.128 (1)(b) dispute between state or between Federation
and any state
Appellate jurisdiction in criminal cases
Can hear and determine any appeal from any
decision of court of appeal
16
20. Let us examine the
Constitution in relation to the
following features :-
1. Citizenship Provisions 5. Cultural Diversity
2. Freedom of Religion 6. Politics of
3. Provisions Relating to Accommodation
Education 7. Special Rights of Sabah
and Sarawak
4. Provisions Relating to 8. Islamisation
Language 9. Article 153
10. Administrative Practices
20
21. 1) Citizenship Provisions (1.0)
As a result of the “social contract” between the
various races, millions of migrants to British
Malaya were bestowed with citizenship by the
Merdeka Constitution
It is believed that the number of citizens in Malaya
doubled at the stroke of midnight on August 31,
1957 due to the constitutional grant.
Since then, however, the law has been
considerably tightened
21
22. 1) Citizenship Provisions (1.1)
Citizenship provisions are so deeply entrenched
that under Articles 159(5) and 161E, any
amendment to these provisions requires a special
two-thirds majority in Parliament plus the consent
of the Conference of Rulers and of the Governors
of Sabah and Sarawak
Even in times of emergency, Article 150(6A) bars
any tampering with citizenship rights
22
23. 1) Citizenship Provisions (1.2)
Under the Federal Constitution, there are four
avenues through which citizenship can be
acquired :-
by birth and descent
by registration
by naturalization and
by incorporation of new territory into the
Federation
23
24. 2) Freedom of Religion (2.0)
Malaysia has a record of racial cultural and
religious tolerance that should be the envy of all plural
societies
Mosque, temples, churches and gurdwaras the
landscape
Citizens celebrate each others’ religious festivals
Cultural and religious pluralism are not only
tolerated; they are celebrated
24
25. 2) Freedom of Religion (2.1)
Religious extremism and attempts to disrupt religious
harmony are severely dealt with
Legislation has been introduced to provide for Muslim
and non-Muslim religious institutions
Financial allocations, gifts of land and tax
exemptions are granted to all religions
Foreign priests and missionaries are allowed permits
to enter and work in the country
25
26. 2) Freedom of Religion (2.2)
Christian and Hindu festivals are marked by national
holidays
Missionary hospitals, schools, bookshops and hostels
abound
Christian missionary teachers are often retained till
age 65, a privilege not enjoyed by other religious
teachers
Most hotel rooms carry the King James Version of the
Bible
At the same time the direction of the Muslim qiblat is
required to be indicated in every hotel room
26
27. 2) Freedom of Religion (2.3)
Scope : The Malaysian Constitution provides that
Islam is the religion of the federation. But all other
religions may be practiced in peace and harmony:
Article 3(1).
In respect of religion, every person has the right to
three things:
1. To profess
2. To practice
3. And, subject to Article 11(4), to propagate his
religion: Article 11(1)
27
28. 2) Freedom of Religion (2.6)
The right to religion is available not only to individuals
but also to groups and associations: Article 11(3) and
12(2).
Every religious group has the right to:
1. Manage its own affairs
2. Establish and maintain institutions for
religious purposes.
3. Acquire and own property and administer
it: Article 11(3).
4. Establish and maintain institutions for
religious education: Article 12(2).
28
29. 2) Freedom of Religion (2.7)
There is no compulsion on anyone to support a
religion other than his own
No person shall be compelled to pay any tax the
proceeds of which are specially allocated to a
religion other than his own: Article 11(2)
The implication is that imposition of tax to support
one's own religion is constitutional
For example a Muslim cannot refuse to pay zakat
and fitrah
29
30. 2) Freedom of Religion (2.8)
Religious education:
Under Article 12(2) every religious group has
the right to establish and maintain institutions
for the education of children in its own
religion.
Law relating to such institutions shall not
discriminate on the ground of religion.
30
31. 2) Freedom of Religion (2.9)
Article12(3) provides that no person shall be
required to receive instruction or to take part in any
ceremony or act of worship of a religion other than his
own.
Article 12(4) clarifies that for the purpose of religious
instruction, the religion of a person under the age of
18 years shall be decided by his parent or guardian
It was established in Huat Teoh Eng vs Kadhi Pasir
Mas (1990) that infants have no constitutional right to
receive instruction in any religion other than their own
or to convert to another faith without the permission of
a parent or guardian.
31
32. 2) Freedom of Religion (2.10)
Inter-religious marriages:
As Muslim are not allowed to marry under the civil law of
marriages, and must marry under Syariah law, non-Muslims
seeking to marry Muslims have to convert to Islam if the
marriage is to be allowed to be registered
This has caused pain to the parents of many converts
Likewise it has led to several troublesome cases of
apostasy by Muslims who, for reasons of the heart, wish to
marry their non-Muslim counterparts
32
33. 2) Freedom of Religion (2.11)
Propagation of religion to Muslims: Under
Article 11(4) of the Federal Constitution, non-
Muslims may be forbidden by state law from
preaching their religion to Muslims. Prof.
Harding in his book Law, Government and the
Constitution in Malaysia, 1996, p. 201 is of
the view that Article 11(4) was inserted
because of public order considerations.
According to him the restriction on
proselytism has more to do with the
preservation of public order than with religious
priority.
33
34. 2) Freedom of Religion (2.12)
To his view one may add that Malays see an inseparable
connection between their race and their religion
Any attempt to weaken a Malay's religious faith may be
perceived as an indirect attempt to erode Malay power
Conversion out of Islam would automatically mean
deserting the Malay community due to the legal fact that the
definition of a Malay in Article 160(2) contains four
ingredients
Professing the religion of Islam is one of them
A pre-Merdeka compromise was, therefore, sought and
obtained that non-Muslims will not preach to Muslims
34
35. 3) Provisions Relating to
Education (3.0)
Since Merdeka, primary and secondary education has
been absolutely free
Tertiary education is highly subsidized
In the year 2000, student enrolment in public institutions
from pre-school to university topped 5,701,5765
This has obvious implications for upward mobility for the
disadvantaged.
35
36. 3) Provisions Relating to
Education (3.1)
Non-discrimination: Article 12(1) provides that
there shall be no discrimination against any citizen on
the ground only of religion, race, descent or place of
birth in the administration of any educational
institution maintained by a public authority or in the
admission of pupils or in the payment of fees.
The Article also forbids discrimination on the above
grounds in providing out of the funds of a public
authority, financial aid for students in any institution
whether maintained by a public or private authority.
36
37. 3) Provisions Relating to
Education (3.2)
Article 153: But Article 153(8A) provides that it shall
be lawful for the King to give such directions to any
university, college or institution providing education
after MCE to ensure the reservation of such
proportion of places for Malays and natives as the
YDPA may deem reasonable.
37
38. 4) Provisions Relating to
Language (4.0)
Under Article 152(1), the Malay language has been
declared to be the national language. However, it is
also provided that except for official purposes no
person shall be prohibited or prevented from using,
teaching or learning any other language.
Section 2 of the Education Act furthers this liberal rule
by requiring that in all national schools, Chinese, or
Tamil languages shall be made available if parents of
15 pupils in the school so request.
38
39. 4) Provisions Relating to
Language (4.1)
The rule that Malay must be the language for all official
purposes is subject to some exceptions.
The Yang di-Pertuan Agong may permit the continued use of
English for such official purposes as may be deemed fit.
In addition, the Minister of Education under section 17(1) of the
Education Act may exempt any educational institution from use
of Malay as the main language
39
40. 5) Cultural Diversity (5.0)
Malaysia is an excellent example of cultural and
religious tolerance.
Minority cultures, languages, modes of dress,
foods, festivals, films and music are allowed.
Chinese and Tamil schools exist with government
support.
40
41. 5) Cultural Diversity (5.1)
Chinese and Tamil programmed are broadcast on national TV and Radio.
Hari Raya, Chinese New Year, Christmas, Deepavali and Thaipusam are
celebrated as national or state holiday. On these occasions there is a great deal
of cross-cultural intermingling.
Instead of creating a “melting pot”, Malaysia has painstakingly weaved a rich
cultural mosaic
The plurality of lifestyles this engenders has given rise to an extraordinarily
multi-faceted society.
41
42. 6) POLITICS OF
ACCOMMODATION
The rainbow coalition that has ruled the country for
the last 50 years is built on an overwhelming spirit of
a accommodation between the races, a
moderateness of spirit, an absence of the kind of
passion, zeal and ideological convictions that in other
multi-religious and multi-racial countries have left a
heritage of bitterness. Except for 1969, there has
been no serious racial or religious violence.
42
43. 7) SPECIAL RIGHTS OF
SABAH AND SARAWAK
The special position of Sabah and Sarawak in the
federal set-up of the country has given to pluralism a
territorial dimension.
It is arguable, of course, that some provisions like
immigration control by the East Malaysian states over
West Malaysians are a hindrance to national
integration. But it would be equally true to assert that
going back on the solemn promises made to the
former Borneo States would cause a distrust and
bitterness that may tear the federation asunder.
43
44. 8) ISLAMISATION (8.0)
Islamic features: The Constitution of Malaysia in
Article 3(1) provides that Islam is the religion of the
federation but all other religions may be practiced in
peace and harmony.
The implications of adopting Islam as the religion of
the federation is that Islamic education and way of life
can be promoted by the state for the uplifting of
Muslims. Taxpayers’ money can be utilized to
promote Islamic institutions. Islamic courts can be
established and syariah officials can be hired.
44
45. 8) ISLAMISATION (8.1)
Middle path: These features do not, however,
convert Malaysia into a theocratic or Islamic state.
Malaysia has a written Constitution that under Article
4(1) is the supreme law of the federation.
It was held in Che Omar Che Soh v. PP (1988) that
though Islam is the religion of the federation, it is not
the basic law of the land, and Article 3 (on Islam)
imposes no limits on the power of Parliament to
legislate.
45
46. 8) ISLAMISATION (8.2)
All in, it can be said that Malaysia is neither a full-fledged
Islamic state nor wholly secular
On the one hand, it maintains Islam as a state religion and is
deeply committed to the promotion of the religion in the life of the
nation
On the other, it adopts supremacy of the Constitution as the
basic rule of the legal system
As a multi-racial society, it walks the middle path of tolerance
and accommodation
This is not a bad way of doing things.
46
47. 9) ARTICLE 153 (9.0.0)
Article 153(1) of the Federal Constitution enjoins
affirmative action in favor of “Malays” and the “natives
of Sabah and Sarawak”. It states that “it shall be the
responsibility of the Yang di-Pertuan Agong to
safeguard the special position of the Malays and
native of any of the states of Sabah and Sarawak and
the legitimate interest of other communities.”
47
48. 9) Limits on Article 153
protection (9.1.0)
Article 153 does not give a carte blanche (total
freedom) to the executive to prefer Malays over non-
Malays.
1. Affirmative action is allowed only in
sectors, services and facilities explicitly
mentioned in the Federal and State
Constitutions
2. Article 153(1) enjoins the King to safeguard
“the legitimate interests of other
communities.”
48
49. 9) ARTICLE 153 (9.0.1)
Many economic social and educational programmed
since Merdeka, and especially after 1971, are structured
along ethnic lines
The status of “Malay” or “native” is the key to
innumerable doors of opportunities both in the public and
private sectors
Posts in the public sector, promotions, licenses,
scholarships, loans, place in institutions of higher learning
and allocation of many privileges are influenced by the
“Bumiputra factor.”
49
50. 9) Limits on Article 153
protection (9.1.1)
3. Article 153 clauses (4), (7) and (8) expressly
state that in safeguarding the special position of
Malays and natives, no person can be deprived
of any public office, scholarship, educational or
training privilege, special facility or of any
right, privilege, permit or license (including the
renewal of permit or license) that was already
held by him/her.
50
51. 9) Limits on Article 153
protection (9.1.2)
4. The heirs, successors or assigns of a license or
permit holder cannot be refused renewal if the
renewal might reasonably be expected in the
ordinary course of events: Article 153(7).
5. Nothing in Article 153 permits Parliament to restrict
business or trade solely to Malays or natives:
Article 153(9).
51
52. 9) Limits on Article 153
protection (9.1.3)
6. Article 153(5) states that this Article does not override
Article 136. Article 136 requires that all persons of
whatever race in the same grade in the service of the
Federation shall, subject to the terms and conditions of
their employment, be treated impartially.”
7. Article 89(2) requires that when any land is reserved for
Malays, an equal area shall be made available for general
alienation.
8. Article 89(4) forbids non-Malay held land from being
declared as Malay reserve.
52
53. 9) Limits on Article 153
protection (9.1.4)
9. Except in the area of education [Article 153(8A)], the
reservations and quotas permitted by the Constitution are
directed primarily at public sector activities.
In actual practice, however, the agencies of the state use
their licensing powers to pressurize private sector
enterprises to observe ethnic quotas. This may be
unconstitutional.
10. Affirmative action policies are permissible within the
agencies of the federal and state governments. The
Constitution has a lacuna in that statutory bodies, quangos
and local authorities have not been expressly authorized to
participate in such policies.
53
54. 9) Limits on Article 153
protection (9.1.5)
11. Article 12(1) provides that there shall be no
discrimination against any citizen on the ground
only of religion, race, descent or place of birth in
the administration of any educational institution
maintained by a public authority or in the
admission of pupils or in the payment of fees.
54
55. 10) ADMINISTRATIVE
PRACTICES (10.0)
Many administrative practices, though not based on
the law, have direct implications for or against
national unity.
The most glaring is the ever-present requirement on
official documents of stating our race or religion.
Police personnel are often insensitive in making
racially-biased comments when people go in to file
police reports.
55
56. 10) ADMINISTRATIVE
PRACTICES (10.1)
The requirement of head-scarves and songkok on many
formal occasions arouses resentment
Public functions with many non-Muslims present begin with
lengthy recitations from the Muslim Holy Book
This causes unease among some non-Muslims
Schools have many narrow-minded and over-zealous
teachers who show scant sensitivity to the need for
tolerance and respect for diverse values
56
57. CONCLUSION
Despite many challenges to national unity it can be stated with
confidence that Malaysia has an exemplary record of racial,
cultural and religious tolerance.
Thespirit that animates the Constitution is one of moderation,
compassion and compromise.
The Constitution has reconciled the seemingly irreconcilable
conflict of interest between ethnic and religious groups in a way
that has few parallels in the modern world.
Inthe years ahead the forces of globalization and Islamisation
pose the most severe challenges to the foundation established in
1957
However there is no reason to believe that the Malaysian
Constitution cannot accommodate and harness these tides
57