Is Malaysia an Islamic or a secular state?

November 16, 2012

If Malaysia is not a physical state as well as Dr. Malik Munip is uncertain if it is an Islamic state, it contingency afterwards be a confused state.Din Merican

Is Malaysia an Islamic or a physical state?

By Dr. Malik Munip@www.nst.com.my

The plead upon a inlet of Malaysia's identitywhether it is a physical or an Islamic stateis mired in confusion. The difficulty firstly is of a semantic naturea miss of clarity upon what defines a physical or an Islamic state. The second difficulty is about a border of any entity's authoritybe it former Premiers, The Alliance Memorandum or a Reid Commissionin deciding a debate. This article will plead a second difficulty first.

Secular or Islamic State: Premier vs. Premier

Though Malaysian Prime Ministers have been vested with a total battery of senior manager authority, nonetheless, they do not have a power to settle a temperament of a country merely by creation an announcement possibly way. Indeed, if we think about it, even an individual's temperament cannot be determined by a pronouncementa chairman doesn't become a Muslim, a Christian, an apostate or any temperament along a 'faith- atheist' spectrum simply due to a declaration. To have meaning as well as force, a stipulation contingency correspond with a individual's belief as well as practice. So if by itself a stipulation cannot settle a eremite temperament of an individual, can it settle a temperament of a state?

Nonetheless, most people charge Malaysia temperament as possibly Islamic or Secular, by citing a positions of prior Prime Ministers upon a subject. Hence to seaside up their claim, a proponents of a physical state wil! l mostly pull upon a statements of Tunku Abdul Rahman as well as Tun Hussien Onn.

In this courtesy an mostly cited matter (but not a usually example) used to paint a in front of of a former Premiers would be from a February 1983 Star inform where a Tunku pronounced "The country has a multi-racial race with assorted beliefs. Malaysia contingency continue as a physical State with Islam as a central religion".

Another emanate additionally reported Tun Hussein await for a Bapa Kemerdekaan, "The nation can still be functional as a physical state with Islam as a central religion."

Unsurprisingly those which argue which Malaysia is already an Islamic State wouldn't cite a initial as well as third Premiers. Instead they would quote Tun Mahathir's following matter in Sep 2001 to await their position: "UMNO wishes to state obviously which Malaysia is an Islamic nation. This is based upon a perspective of ulamaks who had clarified what constituted as Islamic country. " .

But with all due respects, there have been boundary in last a inlet of a country's temperament by simple reference to a Prime Ministerial declaration. After all, if Malaysia already possesses most of a facilities which conclude a physical state, afterwards her physical inlet doesn't change usually since a Prime Minister says otherwise. And clamp versaif Malaysia has most attributes of an Islamic state, or a underline which disqualifies her from being a physical state, afterwards it won't be a physical State in any case of how most prior as well as destiny Prime Ministers states to a contrary.

So yet they have been Prime Ministers, nonetheless, their statements, in as well as by themselves do not automatically settle a inlet of Malaysia's identity. At best their statements would be a description of Malaysia's pre-existing identity. And similar to most descri! ptions, it would be valid usually in so distant it is accurate.

The Alliance Memoranda vs. The Reid Commission

Of course, in articulating their positions, participants in a plead don't limit themselves to Prime Ministerial declarationsreferences to authorised authorities as well as authorised papers will additionally be partial of a controversial arsenal. In this courtesy nothing comes with aloft prestige than a Federal Constitution as well as a drafters, a Reid Commission. So with apply oneself to either Malaysia is an Islamic or a physical state, let's sink our teeth in to what a Federal Constitution as well as a Reid Commission have to say upon a matter.

In a Federal Constitution, both terms, Islamic State or Secular State does not appear. Nonetheless, Article 3 of a Federal Constitution states which Islam is a sacrament of a Federation. This sustenance has mostly been cited to await a explain which Malaysia is an Islamic State or during least not a physical one.

Yet, most who explain to have read a Reid Report find this justification unconvincing; they maintain which a Commission stated which any sustenance in a due Constitution upon condition which for Islam as a state sacrament will not nullify a in front of of a Federation as a physical state.

Strictly speaking, this portrayal of a Reid Commission's in front of is incorrect. In apply oneself to Islam being done a state religion, a Commission did not commit itself to which position. As historian Joseph Fernando wrote in his book 'The Making of a Malayan Constitution': "In apply oneself of religion, a Commission motionless not to have any sustenance relating to an central sacrament for a Federation yet a Alliance had due which Islam should be done a central religion".

In actuality it was a Alliance as well as not a Reid Commission which longed for a stipulation for Islam to be done a State Religion. And similarly, it was a Alliance which done a explain which such a stipula! tion wou ld not negate a in front of of a federation as a physical state. What a Reid Commission did was to acknowledge (see divide 169 of a report) which a Alliance longed for to insert such a provision; they themselves were demure to commit to it (with a difference of a single member, Justice Hamid).

Be which as it may, even if was a Alliance as well as not a Reid Commission which done a explain which carrying a state sacrament would not negate Malaya's standing as a physical state, nonetheless, shouldn't such a explain infer over doubt, which Malaysia is a physical State? After all, a Alliance played a consequential role in a constitution-making processbefore, during as well as after a Reid Commission's drafting. Additionally, they were a primary characters concerned in securing Independence; hence, if a Founding Fathers explain which a country is a physical State, afterwards it contingency be binding right? Not quite.

Firstly, nothing of them were recognized authorities upon a inter-related emanate of secular states as well as secularism, or a relationship to sacrament as well as Islamic States.

It should be noted which a emanate of an Islamic State has theological dimensions, yet nothing of them were theologians. And upon a emanate of a physical State, a complaint was which they never defined scrupulously what a physical state is; they usually claimed which carrying Islam as a sacrament of a Federation doesn't annul a standing as a physical state. Within a context of such statements, their source of a physical state seems to be a source by negationconceiving it by what it is not, rather than what it is. Such a source is not convincing.

In short, since a Alliance were not experts upon a emanate of Secular States, secularism or a relationship to Islam as well as not exact in conveying what they mean! t, does it have sense for us to elevate their explain (that carrying a state sacrament doesn't negate Malaya as a Secular State) as being a last management upon a matter?

Indeed according to a Joseph Fernando, there is justification which in private, even a Reid Commission were not remonstrate by a Alliance claimto them, it was a contradiction. And for those who have some bearing to a novel upon physical states as well as secularism, this shouldn't be surprising. Why? Because a Alliance's in front of usually doesn't correspond with a supposed bargain of what constitutes a physical state. And which is a point: if a matter or description doesn't match up with a reality afterwards in any case of a social station of a entity creation a statement, it cannot be authoritative.

So in last either Malaysia is a physical state or otherwise, instead of citing what former Premiers or a Reid Commission or a Alliance Memoranda says upon a matter, it would be some-more pertinent to ask: What defines a physical state? And does a matter of a Alliance Memoranda as well as those which relate it, tally with such a definition?

What is a Secular State? The Acid Test

The novel upon a theme of physical states as well as secularism is vast; as such there exist assorted interpretations. Nonetheless, there is a ubiquitous consensus which a substructure of a physical state is a element which state as well as sacrament contingency be separate. Consequently, a physical state will have, between others, a following characteristics: a state contingency be neutral towards religion; a state cannot give sacrament a payoff in front of in a open arena; a state's coercive powers as well as resources cannot be utilized in a use of any religion; a State should not payoff a sacrament or a adherents over another; a state should not payoff sacrament over irreligion; a state should not assent sacrament to be a order of open office; as well as a state should not interfere with a affairs of sacrame! nt as we ll as vice- versa.

Now by carrying Article 3 of a Federal Constitution, obviously Malaysia is not neutral towards religion. It gives Islam a privileged standing over alternative religions. Nonetheless, if Article 3 was a usually Islamic underline in a Constitution, maybe a explain by a Alliance which carrying a State Religion doesn't indicate a non-secular state can still be defended. But let's have a peek during alternative Articles of a Federal Constitution.

Through Article 11(4), companion work amongst Muslims can be controlled as well as restricted. Yet there have been no laws restricting companion work to adherents of alternative faiths. Then there's Article 12(2). This article has distant reaching consequences; it empowers a Federation as well as a states to settle or maintain Islamic institutions or provide assistance in which process. It additionally sanctions them to do same with regards to upon condition which direction in a sacrament of Islam. In pursuant of those purposes, it additionally authorises a use of open funds.

Both a upon top of Articles violate a beliefs of a physical state upon multiple scores. And these dual Articles have been not a usually one; there exist alternative Articles which do a same. For instance, Malays have been entitled to wear a cloak of Article 153, though professing Islam is a order of being Malay underneath a Federal Constitution. But let's expel our view over a Federal Constitution to a State Constitutions whereby a Islamic facilities have been even some-more pronounced.

Many State Constitutions require a State Secretary to be a chairman who professes Islam. In those States a default authorised order for a in front of of a Menteri Besar is additionally a chairman who professes Islam. And a state sacrament ! of most of a States which have up a Federation is Islam. In these States, not usually is neutrality towards Islam not practice, though unlike a federal in front of of Prime Minister, sacrament is done a order of a open offices of a Menteri Besar as well as State Secretary. And over a formal make up of a constitution, there have been alternative characteristics which these states have which have been during contingency with a essence of a physical state. With a name similar to Terengganu Darul Iman for example, is it realistic to design otherwise? And does Kelantan underneath Nik Aziz seem similar to a physical state to you? But it is not a scope of this article to elaborate.

Conclusion

So to reproduce a question: Is Malaysia a physical state? Well, by a characteristics which conclude a physical state afterwards Malaysia by clarification is not a physical state; it violates a element attributes of a physical state upon multiple fronts. Breaches to a tenants of a physical state have been not a exception; it is almost a rule. In Malaysia, sacrament is not distant from a state though entrenched, empowered, enforced, voiced as well as elevated.

Hence, does this meant Malaysia is an Islamic State? My answer is: we don't know; we have no idea what a universally supposed Islamic state in a contemporary universe looks like. But it does meant Malaysia disqualifies from being a physical state.

Dr Malik Munip taught story during University of Malaya for dual decades, as well as was additionally a former Member of Parliament for Muar.

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