Law expert: Malaysia neither secular nor Islamic state
A constitutional law expert has claimed that Malaysia is neither an Islamic nor a secular state, but instead a hybrid.
Law professor Shad Saleem Faruqi of Universiti Malaya said he drew the conclusion based on the Federal Constitution.
"I think we are a hybrid state or pluralistic," he said during a question-and-answer session after a talk on the Federal Constitution held by the Selangor Bar Committee...
A constitutional law expert has claimed that Malaysia is neither an Islamic nor a secular state, but instead a hybrid.
Law professor Shad Saleem Faruqi of Universiti Malaya said he drew the conclusion based on the Federal Constitution.
"I think we are a hybrid state or pluralistic," he said during a question-and-answer session after a talk on the Federal Constitution held by the Selangor Bar Committee.
"We have a mixed legal system and our political system is mixed.
"How can we be an Islamic state when Article 4(1) of the Federal Constitution clearly stipulates that this constitution is the supreme law of the federation while Islam only applies in 24 areas in the Ninth Schedule of the Constitution?
"When we sue each other over contractual problems, the matter will not go to a Syariah Court even if both of us are Muslims," he added.
While acknowledging that first prime minister Tunku Abdul Rahman and members of Reid Commission who drafted the constitution had said that Malaysia was a secular state, Shad said he begged to differ.
"A secular state doesn't promote a religion. A secular state doesn't use taxpayers' money to promote one religion over the other," he said.
He noted there were rules that compelled Muslims to observe syariah law for 24 areas as stated in the constitution.
The professor's talk aimed to address the ongoing debate on whether Malaysia is a secular or Islamic state, particularly after Dr Mahathir Mohamad declared it the latter during his first tenure as prime minister, after PAS pushed for a national Islamic agenda.
'Moving towards Islamic state'
In his talk, Shad also raised concerns over the country's direction which he claimed was "moving more and more in the direction of a very conservative South Arabian type of Islamic state".
"The Malays were not like that in the 1957 nor in the 1960s, 1970s or even in the early 1980s," he said.
"Islam is a mansion or a huge palace with many rooms and from each room, the view of the garden is quite different.
"But sadly, in this country, most of the religious leaders are not residing in any room but residing in the basement with no view of the garden at all," he said without naming any particular leader.
Political suicide
Shad noted that there was a tendency towards intolerance and to insult other religions and fellow Muslims, while some Friday sermons at mosques were filled with venom.
To another question on whether Article 3 of the Federal Constitution – which stipulates Islam as the religion of the federation – should be removed, he said this would tear society apart.
"Such a suggestion would be misinterpreted as an attack on Malay power," he said.
Any political party which wanted to win a general election would not even attempt to suggest it as this would political suicide, he added.
"What about legally? I am sure any amendment to Article 3 would require the consent of the Conference of the Rulers, and such consent won't be coming," he said.
If the word 'hybrid' helps to stop the divisive discourse on whether Malaysia is a secular or Islamic State, it would have served its purpose. Unfortunately, this is unlikely. Since Merdeka, there has been a continuous push to Islamize the country, resulting in a Muslim population which has been taught that Islamic laws are supreme in direct contradiction to the country's Constitution. The Indra Ghandi's case still unresolved today is because even top law enforcers who are Muslims refuses to acknowledge the supreme law of Malaysia.
MSIA IS NEITHER A SECULAR NOR ISLAMIC STATE, IT IS A FAILING STATE.
Where is Ramani, the guy who actually wrote the constitution, in the photo?
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