Law expert: Malaysia neither secular nor Islamic state

Kow Gah ChiePublished: Jan 25, 2019 2:36 PM | Updated: Jan 25, 2019 11:48 PM

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...

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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.

Voon Kok Pin02:44 AM, 27 Jan 2019

MSIA IS NEITHER A SECULAR NOR ISLAMIC STATE, IT IS A FAILING STATE.

teo boon chin08:51 AM, 26 Jan 2019

Where is Ramani, the guy who actually wrote the constitution, in the photo?

LIM MOH CHEONG03:58 AM, 26 Jan 2019

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Voon Kok Pin02:44 AM, 27 Jan 2019

MSIA IS NEITHER A SECULAR NOR ISLAMIC STATE, IT IS A FAILING STATE.

teo boon chin08:51 AM, 26 Jan 2019

Where is Ramani, the guy who actually wrote the constitution, in the photo?

LIM MOH CHEONG03:58 AM, 26 Jan 2019

South Arabia? Hmmmmmm........ How nice. Our economy will boom. The Malays will become extraordinarily successful businessmen. Rafizi Ramli will be happy. I just can't wait.

LIM MOH CHEONG03:56 AM, 26 Jan 2019

Law professor Shad Saleem Faruqi has been with the legitimate aspiration of the Rakyat as far as the constitution and the rule of law is concerned even at the height of elective dictatorship (the government of the day dominates parliament) in our beloved land. Faruqi has contributed much to the constitutional law community and he will be a referral for a long time to come for the doctorate community in the field of constitutional democracy. About the terming of our constitution as a hybrid, we are not with his argument. Our position in this regard is the same as we can’t call the United Kingdom as a non-secular country as Church of England remains the state church of its largest constituent country, England. The Monarch of the United Kingdom is the Supreme Governor of the Church, and accordingly, only a Protestant may inherit the British throne. With all such religious traits, the United Kingdom is a secular country. When we examine the constitution of India considered as the largest secular democracy in the world recognised Muslims religious rights that are governed by The Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims while other religious communities in India have codified laws, Muslim personal law is not encoded in India. So can we call the Indian Constitution as a hybrid constitution and not secular?

Lam Yuet Kiew02:24 AM, 26 Jan 2019

Why change something that is not broken. How people choose to practise their religion is their choice.

T.C.Tan02:12 AM, 26 Jan 2019

David Dass writes: "The movement as Shad describes it 'in the in the direction of a very conservative South Arabian type of Islamic state" can only occur up to a point." But that, as we have seen, is a point moving inexorably towards an ignoble end. What was unthinkable in 1957 is now accepted as the islamic way - the conversion of multiracial public schools to thinly-veiled madrassahs propagating adulterated bigotry, the instilling of "islamic values" (which is really code for intolerance) in all walks of life, the public caning of women, the routine oozing of venom on Friday afternoons and the ever-growing list of "sensitive" topics which I now understand, includes both crosses and autopsy reports. By the time this moving point ceases to move, there will be nothing to left to discuss except perhaps to meekly ask, "how the hell did we get here?". (Indeed, how DID we get to where we are in 2019?) As we have seen over these 60 years of creeping "melayuised islamisation", the Constitution will remain a mute and impotent witness to the surreptitious creation of an extraconstitutional "islamic" state which everyone will simply have to tolerate.

Lai Voon Hon01:40 AM, 26 Jan 2019

Agreed, originally when we got our Independent, we already had the mansion with many rooms with different views to the garden. But there was no basement then. Basement was added later in the late 70s. I remember that when I was in my secondary school in the 70s, the Malay girls in my school (95% of the students were Malay) were just like other - wear skirts for hockey game, short for sports, and only 50% of them cover their hairs. The boys too wear appropriate short pants when necessary for sports like football or hockey or field sports.

DR LOOK TIAN FOOK01:27 AM, 26 Jan 2019

We are islamic state..no doubt about it..

Jayanthi Arumugam01:25 AM, 26 Jan 2019

We are islamic state and i'm very very very proud of it...even Tun M said that in Gerakan National Assembly..

Jayanthi Arumugam01:22 AM, 26 Jan 2019

> may 9 ........Just came from the basement and saw the garden but the garden is going towards ruins

Tim Footer12:38 AM, 26 Jan 2019

The professor is not so academic and objective, after all. He forgot to mention that back in 1957....there was no mention of shariah law.

Leong Mun Hong12:36 AM, 26 Jan 2019

Our is a ding-dong system. We no need an expert to tell this.

Dzul Ahmad12:35 AM, 26 Jan 2019

To describe Malaysia as a hybrid state - part secular and part Islamic is wrong. It is misleading. As Shad points out the Constitution is the Supreme Law not the Koran or the Shariah. The Shariah Court has no jurisdiction over Muslims. The Civil Court is the superior Court. And the jurisdiction of the Shariah Court is limited to the personal laws of Muslims. The Criminal Law and civil law applicable to most Muslims is not Islamic Law but a combination of Common Law and Statute Law. Our Country is a Constitutional Democracy. We have free and fair elections every 5 years. Non Muslims are equal citizens and enjoy the equal protection of the law. The rights of non Muslims come from the Constitution. Although Islam is the religion of the Federation - in the sense of being the official religion - freedom of worship is guaranteed. Islamic Law does not apply to non Muslims. . The Government does give limited financial assistance to non Muslims in the building of their places of worship. Non Muslims share political power with Muslims. And unlike Saudi Arabia there is no restriction in the freedom non Muslims enjoy to practice their respective faiths.The movement as Shad describes it 'in the in the direction of a very conservative South Arabian type of Islamic state" can only occur up to a point. The Federal Court in recent two decisions emphasized the limits to which the Constitution could be amended. The basic scheme and structure of our Constitution could never be amended no matter what the majority in Parliament. In other words Malaysia could never lawfully become an Islamic State.

Max Ooi Yeung Aun12:19 AM, 26 Jan 2019

You're right. It's a form of syncretic plurarism. YAMM Agung and YMM Sultans should be the special individuals that watch over our races and religions. The royal nobilities represent both the spiritual connection between heaven and earth. And we normal Rakyat only pertain to their Royal wisdom to connect us between God and beings. This isn't theocratic just a form of normalcy in a society that's plural with different beliefs and practices. And that includes LGBT as well. As such the nation should embrace some sort of a racial and religious commission that's headed by His or Her Majesties. Their wisdom can only forward Malaysia into a civilised and cohesive development. States without the YMM Sultans, the Agung will be the chef de l'Etat. And this is where eventually the Rukun Negara can bind with Malaysia's formula. All of our Royalties have great wisdom because of their education and learned practices. The greatest country in the Mekong region progressed through the centuries without any sort of colonisations because the Royalties since Rama I, have greatly progressed the nation. Another country that's similar is Japan, and the Meiji Restoration (ideals) also have greatly brought the country forward even after the WWII tragedies.

Hwa Siew Teng11:48 PM, 25 Jan 2019

The " ...tendency towards intolerance and to insult other religions and fellow Muslims" with no political or religious consequences (but with the tacit blessings of the Royals) says everything about Melayuised Islam which, as Shad points out, is in the tight embrace of Wahhabi fanaticism. And if anyone cares to get into root cause analysis, the propelling reason for the many scandals like IMDB and crimes like the disappearance of Koh, Amri and Joshua including the routine extrajudicial killings in lockups is this twisted belief in the potency of a master race worshipping a malevolent god. Pakatan Harapan's unexpected win last May was only a low speed bump on the road to destruction.

Lai Voon Hon11:28 PM, 25 Jan 2019

Why is Mkini highlighting an old issue that divides the people?

Ho Keen Mun10:29 PM, 25 Jan 2019

Judaism, Christianity and Islam were all founded each by one man. Each experienced God in his own way. Democracy on the other hand is Government by the people for the people of the people.

Michael Ang08:28 PM, 25 Jan 2019

This country has no hope, no future. Even though Malay-Muslims are in charge from monarchy to the government, from top bureaucrats to all levels of the armed forces and police, from civil servants to universities, many Malay-Muslims especially from the Opposition, hardly have shown any of their understanding, consideration and decency to manage the country progressively and constructively . Everything still boils back to race and religion rhetorics and their hatred for tolerance and moderation against the minorities.

Jack Lee08:25 PM, 25 Jan 2019

Law professor Shad Saleem Faruqi 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. Whilst Islam preaches equality among men, political Islam takes the narrow basement window view of the "garden" presenting a toxic manifestation of ketuanan Melayu based on some imaginary "social contract". If indeed Malaysia is an Islamic State as claimed by Tun, why are the powers that be, including Pakatan Harapan reluctant to go all out against instituted corruption, unmerited favours and kleptocracy since stealing is clearly haram in Allah's eyes? If we are to continue down this path, any meaningful progress for our nation will be challenging if not impossible.

Nishan Petchayo08:00 PM, 25 Jan 2019