PETALING JAYA: Malaysia’s Secularism: A Closer Look at its Constitutional Roots
Malaysia’s secularism is deeply rooted in both the Federal Constitution and the Alliance Memorandum 1956, according to the Malaysian Chinese Association (MCA), one of the founding members of the Alliance, the precursor to Barisan Nasional.
It was back in 1956 when MCA, along with other members, played a pivotal role in shaping the Alliance Memorandum submitted to the Reid Constitutional Commission. This commission, which came into existence on March 21, 1956, was tasked with reviewing and recommending the Constitution of the Federation of Malaya in preparation for the country’s independence on August 31, 1957.
Addressing misconceptions, MCA stated in a recent press release, “The memorandum explicitly states that the religion of Malaya shall be Islam… and shall not imply that the state is not a secular state.”
MCA also underlines the importance of protecting Islam and the position of Malay rulers as heads of Islam in their respective states, asserting that these principles are safeguarded by the Federal Constitution.
Article 4 of the Federal Constitution clearly establishes it as the supreme law of the land, thereby ensuring the protection of Islam and the Malay Rulers, MCA adds.
MCA is adamant that Malaysia remains a democratic and secular state with Islam as its official religion, emphasizing that this position has been consistent over the past seven decades.
Defining the concept of a secular state, MCA explains, “In Malaysia, religious authorities derive their source of authority from secular laws enacted by the Malaysian Parliament. Islam is enshrined in Article 3 of the Federal Constitution, which is itself a secular document and forms the foundation of our nation.”
MCA further highlights the distinction between Malaysia and a theocratic state like Saudi Arabia, where religious laws and scriptures take precedence over the Constitution, Parliament, or the Court.
According to MCA, secularism can manifest in different forms, and it is not uncommon for secular nations like the United Kingdom to integrate religion into their systems. As an example, the presence of a state church led by the monarchy reflects Malaysia’s approach.
MCA’s recent statement aims to address the misconception often associated with Malaysia’s secularism and the misinterpretation of a “complete separation of state and religion.” They urge political leaders to exercise responsibility when discussing Malaysia’s legal and constitutional nature to avoid confusion. This confusion could lead to unnecessary anxiety among the public and undermine international confidence in Malaysia, MCA warns.
Credit: The Star : News Feed
