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Monday, 17 July 2023

Malaysia’s secularism based on Constitution, Alliance Memorandum, its secularism shoudn't be open to misinterpretation

Malaysia's secularism based on Constitution, Alliance ...

PETALING JAYA: Malaysia’s secularism is evidenced in the Federal Constitution and the Alliance Memorandum 1956, says MCA.

It said MCA, as a member of the Alliance Coalition, played a significant role in shaping the Alliance Memorandum submitted to the Reid Constitutional Commission on Sept 27, 1956.

“The memorandum explicitly stated that ‘the religion of Malaya shall be Islam... and shall not imply that the state is not a secular state’,” it said in a statement on Tuesday (July 11).

MCA also emphasised that Islam and the position of Malay Rulers as heads of Islam in their states are protected by the Federal Constitution.

“Article 4 of the Federal Constitution establishes the Constitution as the supreme law of the land, thereby protecting the position of Islam and the Malay Rulers,” it said.

MCA said it unequivocally takes the position that Malaysia is a democratic and secular state with Islam as the official religion - a position that the country has not changed in the last seven decades.

Explaining, MCA said that a secular state is one where the source of law is secular.

“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.

“This is unlike a theocratic state like Saudi Arabia, where religious laws and scriptures are the primary source of legislation, rather than the Constitution, Parliament, or the Court,” it added.

MCA said secularism can take different forms, and it is not unusual for secular nations, such as the United Kingdom, to integrate religion into their systems.

“This can be observed through the presence of their state church led by the monarchy, a characteristic that mirrors Malaysia's approach,” it said.

The Barisan Nasional component party said their statement was necessitated by instances where leaders from different political parties often conflate Malaysia's secularism with the notion of "complete separation of state and religion".

“It is our earnest hope that political leaders exercise greater responsibility when discussing Malaysia's legal and constitutional nature to avoid any misinterpretation of their words.

“The resulting confusion could cause unnecessary anxiety among the public and undermine international confidence in Malaysia,” it added. Source link



PETALING JAYA: Malaysia’s secularism is evidenced in the Federal Constitution and the Alliance Memorandum 1956, says MCA.

As one of the founding members of the Alliance (the precursor to Barisan Nasional), MCA played a significant role in shaping the Alliance Memorandum submitted to the Reid Constitutional Commission on Sept 27, 1956.

According to the National Archives, the commission was formed on March 21, 1956, to review and recommend the Constitution of the Federation of Malaya in preparation for Malaya’s independence on Aug 31, 1957.

“The memorandum explicitly stated that the religion of Malaya shall be Islam ... and shall not imply that the state is not a secular state,” it said in a statement yesterday.

MCA also emphasised that Islam and the position of Malay rulers as heads of Islam in their states are protected by the Federal Constitution.

“Article 4 of the Federal Constitution establishes the Constitution as the supreme law of the land, thereby protecting the position of Islam and the Malay Rulers,” it added.

MCA also unequivocally took the position that Malaysia is a democratic and secular state with Islam as the official religion, adding that it did not change its position on this in the last seven decades.

MCA also said that a secular state is one where the source of law is secular.

“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.

“This is unlike a theocratic state like Saudi Arabia, where religious laws and scriptures are the primary source of legislation, rather than the Constitution, Parliament or the Court,” it added.

MCA said secularism can take different forms, and it is not unusual for secular nations, such as the United Kingdom, to integrate religion into their systems.

“This can be observed through the presence of their state church led by the monarchy, a characteristic that mirrors Malaysia’s approach,” it said.

The Barisan Nasional component party said their statement was necessitated by instances where leaders from different political parties often conflate Malaysia’s secularism with the notion of “complete separation of state and religion”.

“It is our earnest hope that political leaders exercise greater responsibility when discussing Malaysia’s legal and constitutional nature to avoid any misinterpretation. The resulting confusion could cause unnecessary anxiety among the public and undermine international confidence in Malaysia,” it added.

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