IMPORTANT PROVISIONS IN THE MALAYSIAN CONSTITUTION

MALAYSIAN STUDIES - MPW 2133

BY:MOHAMED ADAM OSMAN 14113 ( CE)

KHETHIWE JUDITH MKHATSHWA 141411 (CE)

HANNAH BLANCA JARIOL PAYLAGA 13461 (CE)

OUTLINE1

OUTLINE

1. Four main articles in the Constitution covers the topic of• Language• Religion• Citizenship• Liberties

2. They are the main highlights of the constitution because they are crucial in creating unity and a national identity.

3. They were formed to create a balance between the multi-racial community that we live in and to balance out the executive power of the government and the rights of the people

LANGUAGE2

INTRODUCTION

• Leaders of the country decided that future independent Malaysia must have an official language to replace English (British)

• Razak report, 1957, stated that there should be embodied in the Constitution a national language for the new independent Malaya

• Malay language (Malaysian language) becomes the national language and recorded as Article 152 of the Malaysian Constitution

2 THE RATIONALE OF THE CHOICE

1. Lingua franca in the region for centuries (since golden age of Malacca) in the business transactions

2. Very easy to learn compare to other languages and already widely used

3. More solid from the point of view of terms and pronunciation throughout the country

2 THE RATIONALE OF THE CHOICE

4. It uses Romanized letters

5. Its syllables are easy to spell based on fixed and firm principles

ARTICLE 152, SECTION XII1. The national language decided

upon is the Malay language

2. Nobody will be prohibited or hindered from using, teaching or learning another language

3. The government has the right to maintain the use and learning of the language of any other community in the Federation

AS THE RESULT…

• The Malay language has functioned as the national language for more than half century

• Widely used as communication tools, such as in Parliament and in the court

• Other races are allowed to practice their mother tongue

RELIGION3

INTRODUCTION• Religion is provided for in Part I,

Chapter 3 of the Malaysian Constitution which clarifies that:

a) Islam is the official religion, but other religions are allowed to be practiced in peace and harmony.

b) Sultan or ruler is the head of Islam in their respective state.

c) For federal territories and states without Sultan, the head of Islam is the Yang di-Pertuan Agong.

2 THE IMPORTANCE OF RELIGION

1. The Rukun Negara: the first principle is “Belief in God.” The national ideology emphasizes the importance of having a religion regardless of the religion that a Malaysian believes in.

2. Curriculum: Islam as a subject is officially taught at every level in school, appropriate facilities are also given to other religion.

3. Facilities for worship: Places of worship are built throughout the country.

2 THE IMPORTANCE OF RELIGION

4. Ceremonies: Rituals or religious ceremonial always gets the cooperation from authorities.

5. Constitutional provisioned are aimed to give equal attention to all religions.

CITIZENSHIP4

DEFINITION

A special status held by the people who have the right to be in a country. This status gives rights, benefits and certain facilities.

SPECIAL RIGHTS• The right to vote in elections.• The right to take part in politics – this

enables one to get a political position.• The right to fill a post that is exclusively

for citizens.• Free to own landed property.• The right to receive a number of benefits

and facilities in the country including welfare benefits, etc.

• Freedom of movement throughout the country.

• The right not to be exiled

RESPONSIBILITIES

• Give national service including joining the army if required to.

• Abide by the laws of the country and help run the systems in the country.

• Contribute to the productivity of the country in whatever field is undertaken.

• Participate and support national programs and events.

CITIZENSHIP LAWS

1. Useful for determining status and rights of an individual in their country.

2. All countries practice this and there are international laws to control and supervise the matter.

3. The laws recognize the difference in treatment between citizens and non-citizens. This allows the country to give special rights to citizens – without infringing on the rights of non-citizens.

CITIZENSHIP LAWS

4. In Malaysia citizenship laws were begun in 1948 – prior to that there were no laws. The British who ruled then allowed foreigners in freely.

5. The citizenship laws of 1948 can be found in Federation of Malaya Agreement. 1952 saw an improvement on these laws. At the time, all the states in Malaya passed laws to determine who were the ruler’s people in the respective states.

CITIZENSHIP LAWS

6. Whoever becomes a ruler’s citizen becomes a citizen of the Federation of Malaya.

7. After Independence, the Federal Constitution set out in detail the citizenship regulations of the Federation of Malaya, that annulled the 1948 Constitutional laws – citizens remained citizens.

WAYS OF ACQUIRING CITIZENSHIP

• Jus Soli• Jus Sanguinis• Marriage• Naturalization

JUS SOLI

- Based on laws of birthplace regardless of the status of the status of the mother/father, citizenship is automatic for people born here between Independence Day(31 August 1957) and October 1962. Those born after this can become citizens if they fulfill one of the following:

•The mother or father is a citizen at the time of birth•At the time of birth, the mother or father has been living here•At the time of birth he/she was not a citizen of any country

JUS SANGUINIS

- Refers to laws according to blood descent – relies solely on the citizenship status of the father. If the father is a citizen of the Federation, then the baby too becomes a citizen, even if born outside the country. Conditions:

•His own father was born in Malaysia, or•His father holds a post in the Public Service at the Federal or State level, or•His birth was registered at the office of a Malaysian Consulate or with the Malaysian government within one year of his birth.

MARRIAGE

- The marriage factor operates in of giving the right to a foreign woman who is married to a citizen to apply for citizenship. This is done through registration. Conditions:

• If the husband is a citizen in October 1962 or prior, and the marriage is still binding, or

• The foreign woman has lived in the Federation for two years before the application is made, has the intention of living here and has good conduct.

MARRIAGE

- This kind of citizenship(registration) is also given to others besides women married to citizens with conditions. Among the conditions, the citizenship of the parents, the place of residence, knowledge of the Malay language, staying permanently and takes oath of allegiance to Malaysia.

NATURALIZATION

- Article 19 of the Malaysian Constitution provides the opportunity to residents who are not born here to become citizens. Conditions:

• Aged 21 and above, and• Have lived here for at least 10 out of 12 years

from and up to the date of application, and• Have intention of living here permanently,

and• Have good conduct, and• Have sufficient knowledge of the Malay

language- Every applicant is required to take an oath of allegiance to Malaysia.

LOSS OF CITIZENSHIP STATUS

Two ways to lose citizenship are; rejection from personal reasons, or violation of laws and committing a prohibited action, which ca be:

• Becoming a citizen of another country.• Enjoying the rights and facilities in another

countries, whereas those rights are only given to citizens of those countries.

• A woman becomes the citizen of a foreign country through marriage.

• Acts negatively showing he is no longer loyal to Malaysia.

• Has business ties with a hostile country.

LOSS OF CITIZENSHIP STATUS

• Has been sentenced in a state within a period of 5 years after obtaining citizenship, with a jail sentence of not less than 12 months or fined not less than RM5000

• Gives services to another country without permission.

• Lives continuously for five years in a foreign country unless he/she is on service or on behalf of the Malaysian government.

• The citizenship has been falsely obtained.• A foreign woman who acquired her citizenship

through marriage, is divorced from the husband, except in the case where husband has passed away.

LIBERTIES5

FUNDAMENTALS

Since the beginning of human civilization, even though at lowest level, human society has always had its own unique system of government.

THE PROBLEM OF BALANCE OF POWER

“Every person is free to speak, have meetings, and form associations, but this freedom is restricted by parliament if it is deemed important for the security of country or the peace and the moral good of all.”

- M. Salleh Abas. (1988:52)

BASIC RIGHTS

1)Freedom of Worship

• Right to practice a religion.• Religious ceremony• No paying tax• Right to organize religious business

BASIC RIGHTS

2)Personal Freedom

• Emphasizes that person cannot have his life taken away or his freedom destroyed except as required by the law. All the actions is follow with the legal process.

• Suhakam is existence as a check and balanced mechanism is indeed appropriate.

BASIC RIGHTS

3)Economic Freedom

• Lays down the provision for fundamental freedom in a manner that is balanced and proper.

• The authority has to get relevant regulations approved through the Parliamentary Process.

SPECIAL PROVISION ARTICLE 153

• Article 153 is responsibility for safeguarding the special position of the Malay and other indigenous peoples of Malaysia, collectively referred to as Bumiputra and the legitimate interests of all the other communities.

• The article specifies how the King may protect the interest of these groups by establishing quotas for entry into the civil service, public scholarships and public education.

CONCLUSION6

CONCLUSION

1. These main articles maintains the stability of the country because it relates to out multi-racial society and constitutional monarchy that practises Parliamentary democracy.

2. This highest legal code is accepted by all thus implying that understanding one another is what that holds us together as a united country despite the differences in the various races.