The Bar Council today said that the recent declaration by the prime minister that Malaysia was an Islamic state was "essentially a political statement" which does not change the status of the country as expressed by the constitution.

Bar Council chairperson Mah Weng Kwai said that the lawyer's umbrella body, which represents about 10,000 lawyers, was concerned that the diversity of interpretations on the religious status of the country may cause confusion.

"Malaysians recognise that the freedom of religion here is enshrined in our constitution. The founding fathers of our nation agreed that Malaysia would be a secular state and the constitution was drawn up to reflect this social contract," added Mah.

He said that while the constitution provided that Islam is the religion of the country, case laws have indicated that the official position of Islam does not change the legal nature of Malaysia as a secular state.

"Senior judges have in the past expressed the view and ruled after a review of the constitutional history that Islam is the religion of the country primarily for ceremonial purposes ... it does not change the legal nature of Malaysia as a secular state," said the Bar Council chief.

"The framers of the constitution clearly conceived of Malaysia as a secular state in which freedom of religion for everyone is guaranteed.

"The Bar Council is of the view that the fact that some countries perceive Malaysia as an Islamic state, that Malaysia may qualify as one according to definitions by ulama and the fact that the prime minister has made what is essentially a political statement that Malaysia is an Islamic state, does not change the legal religious stand of Malaysia as expressed by the constitution," he said.

Political motives

Last month, Prime Minister Dr Mahathir Mohamad dismissed opposition party PAS' intention to convert Malaysia into an Islamic state on the grounds that the country was already an Islamic state.

He added that Malaysia qualified as an Islamic state based upon definitions given by various religious scholars as well as the country's standing in the Muslim world.

According to him, PAS was only raising the issue of Islamic state to fish for votes, adding that "if non-Muslims assume that Malaysia is a secular country, that is their interpretation".

Mahathir's statement had immediately brought about an intense debate on the religious status of the country. While many government leaders backed the premier, many others, notably opposition leaders and legal minds, have said that Malaysia is a secular state according to the constitution.

Mah stressed that constitutional provisions should not be diluted by citizens with political motives or religious leaders with an agenda.

"The rule of law demands that the religious status of the country must be interpreted in accordance with the constitution. The principles that drove all the races to unite and struggle for independence must be honoured and preserved," added Mah.

"For the sake of national peace and harmony, the nation must be governed by the rule of law. Politicians, lawmakers, organisations and individuals must respect and perpetuate that rule."