Jonah Patel
Malaysia is a federal constitutional monarchy in Southeast Asia. It is made up of 13 states and three federal territories, with a population of over 34 million people. The country gained independence from the United Kingdom in 1957, and the head of state is the King, also known as the Yang di-Pertuan Agong or the Paramount Ruler. The King is the constitutional monarch and is elected to a five-year term by and from among the nine hereditary rulers of the Malay states. The government is modelled on the Westminster parliamentary system, and the legal system is based on common law. The country is multiethnic and multicultural, with a mix of different religions and languages.
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What You'll Learn
Malaysia's system of government
Malaysia is a federal constitutional monarchy, consisting of 13 states and three federal territories. It is the only federal country in Southeast Asia. The system of government is modelled on the Westminster parliamentary system, a legacy of British rule.
The head of state in Malaysia is the King, whose official title is the Yang di-Pertuan Agong, or the Supreme Head. The King is the constitutional monarch, and the position is rotated every five years among the nine hereditary rulers of the Malay states. The King's role is largely ceremonial and includes picking ministers and members of the upper house. He is the Commander-in-Chief of the Malaysian Armed Forces and the Highest Commander of the Islamic religion for the states of Penang, Sabah, Sarawak, and the Federal Territories.
The federal government of Malaysia is created by the Federal Constitution of Malaysia, the supreme law of the land. It adopts the principle of separation of powers and is divided into three branches: the executive, legislature, and judiciary. Legislative power is divided between federal and state legislatures. The bicameral federal parliament consists of the lower house, the House of Representatives, and the upper house, the Senate. The House of Representatives has 222 members, and a General Election is held every five years to elect its members.
Each state government in Malaysia is created by its respective state constitution. Each state has a unicameral state legislative chamber whose members are elected from single-member constituencies. State executive councils are led by Chief Ministers, who advise their respective sultans or governors. The local government is the lowest level in the system of government in Malaysia, after federal and state. It has the power to collect taxes, create laws, and grant licenses.
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The King's role
Malaysia is a federal constitutional monarchy consisting of 13 states and three federal territories. The country is multiethnic and multicultural, with about half of the population being ethnically Malay, and the rest consisting of minorities of Chinese, Indians, and indigenous peoples. The official language is Malaysian Malay, and English is an active second language.
The King's duties include safeguarding the customs and traditions of the Malay people and the administration of the Islamic religion in each state. The King is the Head of Islam in the four states ruled by appointed governors, the three federal territories, and his own home state. In this role, he appoints the chairman and members of each state council and the State Mufti in each of these states. The King is also the Commander-in-Chief of the Malaysian Armed Forces, holding a five-star rank.
The King's discretionary powers include appointing the Prime Minister, withholding consent to dissolve Parliament, and calling meetings with the Conference of Rulers. The King also appoints numerous other high-ranking office holders, including the Deputy Prime Minister, Ministers, Deputy Ministers, Chief Secretary to the Government, and members of various commissions, under the terms of the Constitution and legislative acts passed by Parliament.
While the King generally carries out his duties under the advice of the Prime Minister and the Cabinet, there have been instances where outgoing Kings have expressed a desire for a stronger monarchy and a more active role for future monarchs, particularly in representing Malaysia abroad in matters that do not conflict with government administration.
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The legal system
Malaysia is a federal constitutional monarchy, formed in 1963 as a federation of Malaya, Singapore, Sabah and Sarawak—all former British colonies. The country is multiethnic and multicultural, with about half the population being ethnically Malay, and minorities of Chinese, Indians, and indigenous peoples. The official language is Malaysian Malay, and English remains an active second language. The country is also home to 111 living indigenous languages.
The Malaysian legal system is a complex product of its history, particularly its time as a British colony. It is a predominantly common law jurisdiction, with a separate Islamic law system. The Federal Constitution, crafted in 1957, provides the framework for Malaysia's modern legal system. It is the supreme law of the land and provides the legal framework for the laws, legislation, courts, and other administrative aspects of the law. It also defines the government and monarch, their powers, and the rights of the citizens.
The Malaysian court system is based on the UK legal system, but it also incorporates distinct characteristics in the form of Islamic religious courts and two separate High Courts for the Peninsula and the Borneo states. The civil courts and the religious Syariah courts have a complex relationship that has raised jurisdictional issues in certain areas, such as apostasy and the freedom of religion. The Syariah Court has jurisdiction in personal law matters for Muslims, such as marriage, inheritance, and apostasy.
Malaysia's criminal law—the Criminal Procedure Code—was based on the Indian criminal code. Similarly, the Contracts Act is based on the Indian model, and Malaysian land law is based on the Australian Torrens system. The dual system of law is provided in Article 121(1A) of the Constitution of Malaysia. Article 3 also provides that Islamic law is a state law matter with the exception of the Federal Territories of Malaysia.
Each of the 13 states has its own written constitution and elected assembly, and nine of the states are ruled by traditional monarchs, known as sultans, who elect the Malaysian Head of State, the Yang di-Pertuan Agong. The role of the Head of State has been largely ceremonial since constitutional amendments in 1993 and 1994. Legislative power is divided between federal and state legislatures, and the bicameral federal parliament consists of the lower house, the House of Representatives, and the upper house, the Senate.
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The official language
Malaysia has one official language: Malaysian Malay, a standard form of the Malay language. English is also widely spoken and remains an active second language. There are also 111 living indigenous languages spoken in the country.
Malaysia is a federal constitutional monarchy, consisting of 13 states and three federal territories. It is the only federal country in Southeast Asia. The country is multiethnic and multicultural, with about half the population being ethnically Malay, and minorities of Chinese, Indians, and indigenous peoples.
The head of state is the King, whose official title is the Yang di-Pertuan Agong, or 'He Who is Made Lord'. The King is the Paramount Ruler and the constitutional monarch. The office was established in 1957 when the Federation of Malaya (now Malaysia) gained independence from the United Kingdom. The King is elected to a five-year term by and from among the nine hereditary rulers of the Malay states. The role of the King is largely ceremonial and includes picking ministers and members of the upper house. Legislative power is divided between federal and state legislatures. The bicameral federal parliament consists of the lower house, the House of Representatives, and the upper house, the Senate.
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The population
Malaysia is a federal constitutional monarchy consisting of 13 states and three federal territories. The population is concentrated on Peninsular Malaysia, where 20 million out of approximately 28 million Malaysians live. 70% of the population is urban. The country is multiethnic and multicultural, with about half the population being ethnically Malay, and minorities of Chinese, Indians, and indigenous peoples. The official language is Malaysian Malay, and English is an active second language. The country is also home to 111 living indigenous languages.
Malaysia has a population of over 34 million and is estimated to host over 3 million migrant workers, about 10% of the population. Sabah-based NGOs estimate that out of the 3 million people in Sabah, 2 million are illegal immigrants. Malaysia also hosts a population of refugees and asylum seekers numbering approximately 171,500, with 79,000 from Burma, 72,400 from the Philippines, and 17,700 from Indonesia.
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Frequently asked questions
Yes, Malaysia is a federal constitutional monarchy. It consists of 13 states and three federal territories, with a population of over 34 million.
A federal constitutional monarchy is a system of government where a federation of states operates within a constitutional monarchy. In Malaysia's case, the federation is composed of 11 states of Malaya, the Borneo states of Sabah and Sarawak, and three federal territories.
The head of state in Malaysia is the King, also known as the Yang di-Pertuan Agong or the Paramount Ruler. The King is the constitutional monarch and is elected to a five-year term by and from the nine hereditary rulers of the Malay states.
The King's role is largely ceremonial and includes duties such as picking ministers and members of the upper house. However, the King also has the power to safeguard the customs and traditions of the Malay people and the administration of the Islamic religion in each state. The King is the Commander-in-Chief of the Malaysian Armed Forces and carries out his duties under the Constitution with the advice of the Prime Minister and the Cabinet.
