Jonah Patel
The Federal Constitution of Malaysia, which came into force in 1957, is the country's supreme law. It establishes Malaysia as a constitutional monarchy and outlines the fundamental liberties and rights of its citizens. The Constitution has been amended several times, including in 1963 to admit Sabah, Sarawak, and Singapore as member states and change the name of the Federation to Malaysia. The current Constitution consists of 15 Parts, 230 articles, and 13 schedules, including 57 amendments. It provides for the establishment of three main branches of the government and recognizes Islam as the official religion while allowing other religions to be practised peacefully.
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What You'll Learn
- The Federal Constitution of Malaysia is the supreme law
- The Constitution establishes Malaysia as a constitutional monarchy
- Islamic law applies to Muslims in certain areas
- The Constitution guarantees fundamental liberties and rights
- The Constitution outlines the three branches of the Malaysian government
The Federal Constitution of Malaysia is the supreme law
The Federal Constitution of Malaysia is the country's supreme law, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia. The document establishes the Federation as a constitutional monarchy, with the Yang di-Pertuan Agong as the Head of State, serving a largely ceremonial role. It also provides for the establishment and organisation of the three main branches of the government, including the bicameral legislative branch called Parliament.
The Federal Constitution is a written legal document influenced by two previous texts: the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. It contains a total of 183 articles, which have been amended over time to reflect the changing nature of the nation. The most recent version of the Constitution, as of November 1, 2010, consists of 15 parts containing 230 articles and 13 schedules, including 57 amendments.
The Constitution sets out fundamental liberties for Malaysian citizens, including liberty of the person, prohibition of slavery and forced labour, protection against retrospective criminal laws and repeated trials, equality, prohibition of banishment, freedom of movement, freedom of speech, assembly and association, freedom of religion, rights in respect of education, and rights to property. These rights are enshrined in Articles 5 to 13 of the Constitution, with some liberties and rights subject to limitations and exceptions, and others available only to citizens.
The Federal Constitution also outlines the role of Islam in the country. While Islam is the official religion of the Federation, Malaysia is not a theocratic Islamic state. Islamic law applies compulsorily to all Muslims, but only in 24 areas, primarily related to family law. In all other areas, such as crime, contract, and tort, Muslims are governed by secular laws enacted by elected assemblies.
The Constitution of Malaysia is a written and supreme charter, marking a break from the past. In 1957, Malaya had the choice to restore the sovereignty of Malay Rulers, adopt a supreme Parliament, move towards the supremacy of the Shariah, or draft and adopt a supreme Constitution. The nation chose the latter, affirming the supremacy of the basic law over all pre- and post-independence legislation. This means that the Constitution is the apex of the legal hierarchy, and no law can violate its prescriptions.
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The Constitution establishes Malaysia as a constitutional monarchy
The Constitution of Malaysia, also known as the Federal Constitution of Malaysia, is a written legal document that outlines the country's laws and establishes Malaysia as a constitutional monarchy. It came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia. The Constitution consists of 15 Parts, 230 articles, and 13 schedules, including 57 amendments as of November 1, 2010.
The Constitution establishes the Federation as a constitutional monarchy, with the Yang di-Pertuan Agong as the Head of State, holding largely ceremonial roles. It also recognises Islam as the official religion of the Federation, but it is not a theocratic Islamic state. Islamic law applies to all Muslims in specific areas, primarily family law, while secular laws govern other areas such as crime, contract, and tort.
One of the key features of the Constitution is its supremacy, placing it at the apex of the legal hierarchy. It serves as the foundation for all other laws in the country, and no law can violate its prescriptions. The Constitution also establishes and organises the three main branches of the government, including the bicameral legislative branch, known as the Parliament.
The Constitution guarantees fundamental liberties and rights for Malaysian citizens, including liberty of the person, prohibition of slavery and forced labour, protection against retrospective criminal laws and repeated trials, equality, freedom of movement, freedom of speech, assembly, and association, freedom of religion, and property rights. These rights are subject to certain limitations and exceptions, and some are exclusive to citizens, such as freedom of speech, assembly, and association.
The Constitution also outlines the powers and responsibilities of the Yang di-Pertuan Agong, including granting pardons and reprieves in specific situations and issuing a Proclamation of Emergency in response to grave emergencies threatening the security, economic life, or public order of the Federation. The Yang di-Pertuan Agong also plays a role in the appointment of the Cabinet of Ministers, who advise him in the exercise of his functions.
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Islamic law applies to Muslims in certain areas
Malaysia's Constitution of 1957, with Amendments through 2007, establishes a federal structure that reflects the region's pluralistic colonial system. The country is currently comprised of 13 states and three federal territories.
While the constitution provides for freedom of religion, it also grants states the power to apply a version of Islamic law on certain topics enumerated in the constitution. These topics include personal law and matters related to religious practice, as well as offenses deemed to be against the precepts of Islam.
Malaysia has a dual-track legal system, with civil courts running in parallel with Islamic Sharia courts. Sharia is imposed only on Muslims and deals with moral and family matters, including morality, inheritance, marriage, and divorce. Non-Muslims are required to follow secular laws that deal with the same matters.
Sharia is applied on some matters throughout the country and has been applied more extremely in two Malaysian states, Kelantan and Terengganu. For example, in Kelantan, which is politically dominated by the Islamic Party of Malaysia (PAS), there are laws banning alcohol sales, gambling, and unisex hair salons. Men and women are required to use separate supermarket lines, and the state's popular shadow puppet plays can only be staged for tourists due to their Hindu influences. In Terengganu, after PAS gained power in 1999, it imposed stoning and amputations for certain crimes, and set up gender-segregated lines in supermarkets.
The Islamic Affairs Department, Jabatan Agama Islam, the national Muslim law body, was established shortly after independence and was given more power after the Sharia laws were strengthened in the 1990s.
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The Constitution guarantees fundamental liberties and rights
The Constitution of Malaysia, also known as the Federal Constitution of Malaysia, is a written legal document that came into force in 1957. It establishes the Federation as a constitutional monarchy, with the Yang di-Pertuan Agong as the Head of State and the Head of the religion of Islam in the State. The Constitution guarantees fundamental liberties and rights, which are outlined in Articles 5 to 13. These include:
- Liberty of the person
- Prohibition of slavery and forced labour
- Protection against retrospective criminal laws and repeated trials
- Equality before the law and equal protection of the law
- Prohibition of discrimination on the basis of religion, race, descent, gender, or place of birth
- Prohibition of banishment
- Freedom of movement within the Federation
- Freedom of speech, assembly, and association
- Freedom of religion
- Rights in respect of education
- Rights to property
It is important to note that some of these liberties and rights are subject to limitations and exceptions, and certain rights, such as freedom of speech, assembly, and association, are only available to citizens of Malaysia. Additionally, the Constitution provides for the establishment and organisation of the three main branches of the government, including the bicameral legislative branch, known as the Parliament.
The Federal Constitution is the supreme law of Malaysia, and it supersedes all other laws. It serves as the foundation for the legal system, and any laws that contradict it are considered invalid. The Constitution has been amended multiple times since its inception, with the most recent version coming into force on November 1, 2010, to accommodate changes in the member states of the Federation and to reflect the agreed-upon changes set out in the Malaysia Agreement.
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The Constitution outlines the three branches of the Malaysian government
The Constitution of Malaysia, which came into force in 1957, outlines the three branches of the Malaysian government. It is a written legal document that establishes the Federation as a constitutional monarchy, with the Yang di-Pertuan Agong as the Head of State, and the Head of the religion of Islam in the State. The Constitution provides for the establishment and organisation of the three main branches of the government, which include the legislative, executive, and judicial branches.
The legislative branch, also known as the bicameral legislative branch or the Parliament, consists of the Senate and the House of Representatives. To be a member of the Senate, one must be at least thirty years old, while the minimum age for the House of Representatives is eighteen years old.
The executive branch is led by the Yang di-Pertuan Agong, who appoints a Cabinet of Ministers to advise him in the exercise of his functions. The Cabinet is appointed by the Yang di-Pertuan Agong in consultation with the Prime Minister and the Conference of Rulers.
The judicial branch is independent of the other two branches and is responsible for interpreting the Constitution and ensuring that the laws of the country are upheld. The judiciary has the power of judicial review, which means that it can nullify federal and state legislation if it is found to be inconsistent with the Constitution.
The Constitution also outlines the fundamental liberties and rights of Malaysian citizens, including freedom of speech, assembly, and association, freedom of religion, and protection against discrimination. These rights and liberties are enshrined in Articles 5 to 13 of the Constitution.
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Frequently asked questions
The written constitution in Malaysia is the supreme law of the country. It came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia. The constitution establishes the Federation as a constitutional monarchy, with the Yang di-Pertuan Agong as the Head of State and the Head of the religion of Islam in the State.
The fundamental liberties in Malaysia are set out in Articles 5 to 13 of the Constitution. These include liberty of the person, prohibition of slavery and forced labour, protection against retrospective criminal laws and repeated trials, equality, prohibition of banishment, freedom of movement, freedom of speech, assembly and association, freedom of religion, rights in respect of education, and rights to property.
The written constitution of Malaysia has undergone several amendments since its inception in 1957. In 1963, the constitution was amended to admit Sabah, Sarawak, and Singapore as additional member states of the Federation and to change the name of the Federation to "Malaysia". The constitution has also been revised in 2007 and is currently updated as of 2010, consisting of 15 Parts, 230 articles, and 13 schedules, including 57 amendments.
The written constitution in Malaysia is significant as it is the supreme law of the federation. It establishes the country as a constitutional monarchy, outlines the fundamental liberties and rights of citizens, and serves as the basis for all other laws in the country. The constitution also provides for the establishment and organisation of the three main branches of the government, including the bicameral legislative branch called the Parliament.
