No Topic Page
1 Constitution of Malaysia 2
2 The Drafting History of The Constitution of Malaysia 3-4
3 Articles in Constitutions of Malaysia 5-7
- Article 150
- Article 152
- Article 153
4 Islamic Religions 8-10
5 Who is Malay? 11
6 Conclusion –lesson from this topic 12
7 Appendix 13
1
CONSTITUTION OF MALAYSIA
The Constitution is a document that contains all of the order of rules and
regulations constitute an important policy for removing a country's governance and
administration. Determining the constitution of the Kingdom, a form of
government and the rights of the people.
The Constitution also contains principles that form the national institutions like the
executive, legislative and judicial with the powers and role of each institution
within the framework of governance and administration of the nation.
Constitutions are designed to be guidelines on the pattern of political and
administrative system of governance of a country, as well as provide protection to
the people. The Constitution also states that the responsibility and duty of every
citizen against the government and the nation.
Constitution of Malaysia, known as the Federal Constitution contains 183 items, is
the supreme law in Malaysia. It is a written legal document that has been
developed based on the two previous documents, namely the Federation of Malaya
Agreement 1948 and the 1957 Independence Constitution.
Constitution of Malaysia also consists of 15 sections and 13 tables. Malaysian
constitution touch on the jurisdiction of the executive, legislative, judiciary, the
Islamic religion, nationality, national language, the special position of Malays and
natives in Sabah and Sarawak and the like.
2
THE DRAFTING HISTORY OF THE CONSTITUTION OF MALAYSIA
Constitution of Malaysia now is affected by a series of Malaysian history.
History of resistance against colonialism and the emergence of Malay nationalists
realize them about the efforts for their independence from Western colonialism.
After that, the struggle for independence after the Second World War and the
introduction of the Constitution of the Malayan Union and Federation of Malaya
by the British in Malaya.
In addition, the preparation for self-government through Member System and
election in Malaya also bring it to the formation of Malaysian Constitution.
The establishment of the “Parti Perikatan” where from this “Parti”, the closer
cooperation formed between the Malays and the non-Malays to fulfill the condition
that was set by the British that is “independence can only be given if the people of
this country can be united and work together”.
The important part that brings us to the formation of this constitution is when the
independence delegation went to London in the constitutional conference that was
held from 18 January to 6 February 1956 attended by a delegation from the
Federation of Malaya, consisting of four representatives of the Rulers, the Chief
Minister of the Federation (Tunku Abdul Rahman) and three other ministers and
also by the British High Commissioner in Malaya and his advisers.
The constitution of Malaya was drafted based on the advice of the Reid
Commission, which conducted a study in 1956. The constitution came into force
on 27 August 1957. Formal independence was only achieved on 31 August 1957
however.
3
The Constitution of Malaya (with significant amendments) was used as the basis
for the Constitution of Malaysia when Malaya, Sabah, Sarawak, and Singapore
merged to form Malaysia in 1963.
4
ARTICLES IN CONSTITUTION OF MALAYSIA
Article 150
This article permits the Yang di-Pertuan Agong to issue a Proclamation of
Emergency and to govern by issuing ordinances that are not subject to judicial
review if the Yang di-Pertuan Agong is satisfied that a grave emergency exists
whereby the security, or the economic life, or public order in the Federation or any
part thereof is threatened.
Article 152
Article 152 states that the national language is the Malay language. However, the
Constitution guarantees the freedom of learning and using of other languages,
except on official purposes. Official purposes here means any purpose of the
Government, whether Federal or State, and includes any purpose of a public
authority. To this effect, all court proceedings and parliamentary documents and
meetings are conducted in Malay.[citation needed]
The official script for the Malay language is determined by Parliament. The current
orthography is the Latin alphabet or Rumi; however, use of Jawi is not prohibited.
Article 153
Main article: Article 153 of the Constitution of Malaysia
Article 153 grants the Yang di-Pertuan Agong, or King of Malaysia, responsibility
for safeguarding the special position of the Malay and other indigenous
peoples of Malaysia, collectively referred to as Bumiputra and the legitimate
interests of all the other communities. The article specifies how the King may
5
protect the interest of these groups by establishing quotas for entry into the civil
service, public scholarships and public education.
Originally there was no reference made to other indigenous peoples of Malaysia
(then Malaya) such as the Orang Asli, but with the union
of Malaya with Singapore, Sabah and Sarawak in 1963, the Constitution was
amended so as to provide similar privileges for the indigenous peoples of East
Malaysia (Sabah and Sarawak), grouping them with the Malays as Bumiputra.
The scope of Article 153 is limited by Article 136, which requires that civil
servants be treated impartially regardless of race. Clause 5 of article 153
specifically reaffirms article 136 of the constitution which states: 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.
Clause 9 of article 153 states Nothing in this Article shall empower Parliament to
restrict business or trade solely for the purpose of reservations for Malays.
The Reid Commission suggested that these provisions would be temporary in
nature and be revisited in 15 years, and that a report should be presented to the
appropriate legislature (currently theParliament of Malaysia) and that
the "legislature should then determine either to retain or to reduce any quota or to
discontinue it entirely."
Under Article 153, and due to the 13th May 1969 riots, the New Economic
Policy was introduced. The NEP aimed to eradicate poverty irrespective of race by
expanding the economic pie so that the Chinese share of the economy would not be
reduced in absolute terms but only relatively. The aim was for the Malays to have a
30% equity share of the economy, as opposed to the 4% they held in 1970.
Foreigners and Chinese held much of the rest.[7]
6
The NEP appeared to be derived from Article 153 and could be viewed as being in
line with its wording. Although Article 153 would have been up for review in
1972, fifteen years after Malaysia's independence in 1957, due to the May 13
Incident it remained unreview. A new expiration date of 1991 for the NEP was set,
twenty years after its implementation.[8]
However, the NEP was said to have failed to have met its targets and was
continued under a new policy called the National Development Policy.
7
ISLAM RELIGION
Islam is the official religion of Malaysia, and the Government actively
promotes the spread of Islam in the country and its friendship with other Muslim
countries. Government has the liberty, power and privilege to form/ organize/ help
formation of Islamic Institution and conduct teaching of Islam and to fund for it.
The Census in 2000 show approximately 60.4 percent of the total population
are Muslims in Malaysia. All ethnic Malays are Muslim (100%) as defined
by Article 160 of the Constitution of Malaysia, there are also substantial numbers
of Indian Muslims and a few numbers of ethnic Chinese converts. As required
by Malaysian law and defined in the Constitution of Malaysia, a Malay would
surrender his ethnic status if he were not Muslim. However the reverse is not
legally true; one does not legally become a Bumiputra by converting to Islam.
Malaysia is one of the most religious countries in the Muslim world.
Islam is central to and dominant in Malay culture. A significant number of
words in the Malay vocabulary can trace their origins to Arabic which is the
chosen language of Islam. This is, however, not exclusive and words from other
cultures such as Portuguese, Chinese, Dutch, Sanskrit,Tamil, English,
and French can also be found in the Malay language. Islam is so ingrained in
Malay life that Islamic rituals are practiced as Malay culture. Muslim and Malays
are interchangeable in many daily contexts. Hari Raya Aidilfitri (Eid ul-Fitr) is an
important festival celebrated by Malaysian Muslims. Muslim women generally
wear the tudung (hijab or headscarf) over their heads. However, Malay women not
wearing any head gear are not reprimanded or penalized. Prominent Malaysian
female examples are Datuk Seri Rafidah Aziz, International Trade and Industry
Minister and Tun Dr Siti Hasmah Mohd Ali, wife of former Malaysian Prime
Minister Tun Dr Mahathir bin Mohammad. However, with the influx of Arabic
8
travelers, foreign Muslim women (Arabs) wearing hijab that leave only their eyes
exposed are often spotted in tourist attractions, not the least at the shopping malls.
At certain Malaysian institutions such as the International Islamic University,
wearing of the tudung is mandatory; however for non-Muslim students this usually
amounts to a loosely worn piece of cloth draped over the back of the head.
The tudung, or the hijab, is a symbol of a Muslim woman. This is such
because according to the Islamic religion it represents the modesty of a woman's
way, as described by the religion, according to the verses from the Holy Quran
itself:
"O Prophet! Tell thy wives and thy daughters and the women of the believers to
draw their cloaks close round them (when they go abroad). That will be better, so
that they may be recognized and not annoyed. Allah is ever Forgiving, Merciful."
Al-Ahzab:59
"And tell the believing women to reduce [some] of their vision and guard their
private parts and not expose their adornment except that which [necessarily]
appears thereof and to wrap [a portion of] their head covers over their chests and
not expose their adornment except to their husbands, their fathers, their husbands'
fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their
sisters' sons, their women, that which their right hands possess, or those male
attendants having no physical desire, or children who are not yet aware of the
private aspects of women. And let them not stamp their feet to make known what
they conceal of their adornment. And turn to Allah in repentance, all of you, O
believers, that you might succeed." An-Nur:31
Some regard the tudung to be an indication of Arabic influence in Malay Muslim
culture, and point to incidents such as the banning of the traditional Malay wayang
9
kulit in the state of Kelantan (which was ruled by the Islamist PAS) to be "un-
Islamic".
Also, principles of modesty apply not only to accepted dress codes but public
behavior in general. Similar to the expectations in most Muslim nations, males and
females are dicouraged from meeting in social situations without a chaperone
unless the meeting conforms to proper Islamic pre-marital arrangements that
culminate in marriage. This injunction not only precludes "small talk" but also
precludes ostentatious behavior such as PDA(Public Displayes of Affection) and
egregious flirtation. In conservative states where PAS has more influence, such as
Kelantan, different genders are at least theoretically segregated in public places
like the cinema and supermarket.
Malaysia's top Islamic body, the National Fatwa Council has ruled against
Muslims practicing yoga, saying it had elements of other religions that could
corrupt Muslims. The same body has ruled against ghosts and other supernatural
beings.
10
WHO IS MALAY?
In Constitution of Malaysia, the characteristics of Malay are typically speak
in Malay, embrace Islam and adpot Malay customs while Bumiputera in Sarawak
are consists of any one of the “Asli” race, that is Bukitan, Bidayuh, Dusun, Dayak
Laut, Dayak Darat, Kadayan, Kalabit, Kayan, Kenyah, Kajang, Lugat, Lisum,
Melayu, Melanau, Murut, Penan, Sian, Tagal, Tabun and Ukit or mixed descent
from above and those who born in Sabah and someone from “Kaum Asli Sabah”
are known as Bumiputera in Sabah.
11
CONCLUSION
Lesson from this topic
From this chapter, we have learnt some lessons. One of the lesson is spirit
of tolerance. Each ethnic shows their spirit during the progress of Constitution of
Malaysia. So that the progress was running smoothly. Besides, everyone ready to
share power to help each other and solve the current problems. Other than that,
some of them ready to sacrifice their time and money to help the poverty people.
Therefore, the understanding and unity among various ethnic is very important. A
group of society with high understanding among various ethnic will contribute
high unity in a country and vice versa.
12
APPENDIX
Anak Bangsa Orang Melayu dan Bangsa
Malaysia
Wasiat Raja-raja Melayu
13
Characteristic of
Islamic Religion
Perlembagaan
Persekutuan
Malaysia
Masjid
14