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Protecting Malaysia’s Federal Constitution

Slug: Malaysia constitution

Reporter Clarence chua

Date: 13/12/2012

INTRO

Recently the High Court in Malaysia dismissed a challenge by four Muslim men to a

law which bars men from dressing up as women.

Cross dressing is forbidden for Muslims under Shariah law.

But according to the Federal Constitution, Malaysia is not an Islamic state and Islamic

law should not override civil law.

Malaysia is a fusion of different people, religions and territories. Following

independence from Britain, the Constitution was designed to reflect the social contract

 between the different races that make up the country.

But does the recent rise of radical Islam threaten the secular nature of the Federal

Constitution?

Clarence Chua has more from Kuala Lumpur.

TEXT

Malaysia’s Federal Constitution came into being in 1957, after independence from

British rule.

According to Andrew Harding, a law professor from the National University of 

Singapore, the constitution reflects the social contract between the different religions

and races in the country.

Andy clip 1 [male/english]//: “Muslims and non-Muslims have lived side by side in this

country for at least 500 years. So there is a long tradition of accommodation and

understanding. The Federal Constitution is in all sorts of ways designed to accomplish

that accommodation. For example, you look at the way in which the constitution set out

the powers of the state which include very detailed provisions on Islam and what

Islamic subjects can be dealt with at the state level and that reflect what has been donein the past and people expect it to be in the future.”

Since independence, Malaysia has been ruled by the Barisan Nasional coalition, led by

the ruling party of UMNO.

But after the Asian financial crisis in the late 1990s, many Malay-Muslims, who account

for over half of the country’s 28 million people, switched allegiance to the Islamist

 party, PAS.

To win back their support, the then Prime Minister, Mahathir Mohamad made an

announcement in 2001, stating that Malaysia is an Islamic country.

SFX 1: Muslim call to prayer 

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Malaysia practises a dual system of civil and Shariah law.

Shariah law is supposed to be limited only to Muslims and to religious and family

matters, but many non-Muslims complain that Islamic law is now interfering with civil

liberties.

Recently, the High Court dismissed a challenge by four Muslim men to a law barringthem from dressing up as women; something which is forbidden by state-enacted

Islamic law.

The Chairman of the Bar Council Constitutional Law Committee, Syahredzan Johan,

explains the decision.

Johan clip 1 [male/English]//: “In that case the High Court judge actually said that the

sanctity of Islam cannot be challenged and this is not what the Constitution envisaged.

This is unconstitutional. You cannot use Islamic principles or justification to justify

violations of fundamental liberties.”

Syahredzan says that the new threat to the Federal Constitution is radical Islam.

Johan clip 2 [male/English]//: “Religious authorities can now dictate how non-Muslims

go about professing their religion for example. These are things guaranteed by the

constitution and these are the challenges we are facing right now. And I think if we go

 back to the constitution and look at what the constitution says, I think most of these

 problems can actually be solved.”

In a public lecture on the Malaysia Constitution, Professor Andrew Harding explains

that according to the Federal Constitution, Malaysia is not an Islamic state.

So will religious extremism tear the country apart? Prof Harding says this is very

unlikely.

Andy clip 3 [male/english]//: “You can see a fundamental decency in the Malaysian

 people. Sometimes there is resentment. Sometimes there are disagreements but they are

not carried into untoward actions. It comes back to the issue of accommodation. Just as

 people accept that there is a Muslim majority and Islamic laws apply in some areas, so

those who want the law to be according to Islam have to recognise that that is not the

 position that is taken by almost half the population. And you need to meet somewhere in

the middle on these issues. There is no other way of resolving it.”

Syahredzan, from the Bar Council Constitutional Law Committee says that the only

way to protect the Federal Constitution is through education.

Johan clip 3 [Male/English]//: “Because of education we have come to this stage where

 people are aware. Once you have increased awareness, there is pressure. The reason

why you have the abolishment of the Internal Security Act is because of pressure. But

that is not an easy thing, because you are talking about public opinion that has

formulated in the past 10-20 years at the start of Islamisation and all that, where people

actually think that more Islam means better.”

This is Clarence Chua in Kuala Lumpur for Asia Calling.