Discover Malaysia's intricate state identity, from Islamic claims to its secular legal stance for national harmony and diversity!
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21 Sep 2023
5 Min Read
Michelle Lee Shu Ling (Student Writer)
Discover Malaysia's intricate state identity, from Islamic claims to its secular legal stance for national harmony and diversity!
‘Does our state have a religion? Malaysia is a secular state! No, Malaysia is an Islamic state!’
While we consider the subject of religion in Malaysia, the general discourse falls into broad tendencies. One declares that Malaysia is one of the few secular countries in the world, and the other, on the contrary, claims that Malaysia is one of the most religious. As a law student in Malaysia, I find the ongoing discourse surrounding the nation's religious identity to be particularly intriguing. It's a topic marked by ambiguity and inconclusiveness, leaving citizens grappling with the question of where our state's religious allegiance truly lies.
Let's delve into a bit of historical context: Back in 2001, ex-Prime Minister Dato' Seri Dr Mahathir Mohamed boldly asserted that Malaysia is, indeed, an Islamic State. Yet, there were contrasting viewpoints advocating for Malaysia as a secular country with room for diverse interpretations. Fast forward to 2018, Lim Kit Siang advocated for a secular Malaysia during a speech in Sydney. Now, in 2023, the current Prime Minister Anwar Ibrahim has weighed in, rejecting the notion of Malaysia as a wholly secular state. He emphasises the need for a precise understanding to prevent misconceptions or misinterpretations of secularism. With all these differing opinions, it's no wonder many Malaysians, including myself, ask, ‘So, what's the ultimate conclusion?’
The bottom line, this confusion has led to uncertainty among the general public. In this article, I hope to help readers untangle the complexities and achieve a precise and definitive understanding of Malaysia's legal stance regarding its status as an Islamic or secular state. I often grapple with the distinction between ‘Islamic’ and ‘secular,’ and I've come to realise how crucial it is to clarify these terms to avoid confusion. Islam, a monotheistic faith whose adherents are known as Muslims, centres on the worship of a single, all-knowing deity, Allah, and the submission to His divine will. Secular, on the other hand, means having no connection with religion. In a secular state, individuals retain the freedom to practise their religion, yet the government remains distinctly separate from religious influences. The ultimate objective of an ideal secular nation is to ensure that religion does not impact government policies or any public aspects of society.
I suggest that we draw upon case studies from various countries that practise secularism to help determine if our own nation follows suit. In India, a journal article states that India has in practice and theory announced itself as a ‘secular state’ in international conferences. Furthermore, the incorporation of the 42nd amendment to the Constitution of India in 1976 added a preamble that explicitly affirms India's status as a secular nation. Turning our attention to Japan, we find another compelling example. The Constitution of Japan safeguards freedom of thought, conscience, and religion with a clear separation of religion and state. Article 19 underscores the protection of freedom of thought and conscience, while Article 20 guarantees freedom of religion for all. These international instances can serve as valuable benchmarks as we contemplate the nature of our own country's secular identity.
What both countries aim to illustrate is that to be a secular state, is when the constitution does not provide any special status to any religion, and allows individuals to freely profess, practise, and propagate any religion. While being aware of Malaysia's conservative disposition on certain topics that are prohibited to comment on, notably race, religion, and royalty, the Federal Constitution of Malaysia neither explicitly incorporates the term ‘secular’ nor restricts every individual the right to profess and practise their religion, which can be referred in Article 11(1) of the Federal Constitution of Malaysia. However, I believe that the absence of the term ‘secular’ in our constitution becomes a mitigating factor to define under the category.
Being a fellow law student, I align with the perspective of the judiciary in this matter. Speaking on behalf of the legal community, Mah Weng Kai, who assumed the presidency of the Malaysian Bar Council in 2001, emphasised that if we were to interpret constitutional provisions, it should be nothing less than according to the intention of the framers of the constitution, not influenced by political or religious agendas. It's worthwhile to harken back to our social contract that took shape in 1957 (a date that should ring a bell!). This contract was an unspoken understanding forged during the formation of the Federation of Malaya and later Malaysia in 1963, crafted by leaders from political parties who represented both Malay and non-Malay communities. Even so, the insertion of Article 3(1) of the Federal Constitution of Malaysia designates Islam as the religion of the Federation while ensuring the peaceful practice of other religions.
I believe that from this, we can conclude that Malaysia practises its religion on a spectrum rather than a bias toward the radical. While some countries perceive it as an Islamic state, and Malaysia may qualify as one according to definitions by the ulama, following Article 3 of the Federal Constitution of Malaysia stating that ‘Islam is the religion of the Federation’, Malaysia's legal system operates as a secular state. According to the Bar Council President, Ambiga Sreenevasan, Malaysia practises secularism and, therefore, is unequivocally a secular and not an Islamic state. In recognition of this, let's join together to celebrate Malaysia as a harmonious nation of diverse races and backgrounds.
(A belated) Selamat Hari Malaysia, everyone!
Michelle Lee Shu Ling is currently pursuing a Bachelor of Laws (Honours) at Taylor’s University. When she’s not serving as President of Taylor’s Lakeside Model United Nations (TLMUN) Club or Editor-In-Chief of Taylor’s Lexicon Editorial Board, she writes!