Independence Of Malaysia Research Articles

Reconciling Past Compromises: Towards a More Equitable Future for Orang Asli in Malaysia

In the wake of the COVID-19 pandemic, the present generation has more ability to shape the future than every previous generation in modern times. Intergenerational justice in general means meeting the current needs without jeopardising future generations; all generations are eligible to a healthy, balanced environment favourable to human progress and the State has fiduciary obligation to use and manage resources efficiently and further promotes balance and sound environmental policy. The synergy between its citizen and State create relationship known as “social contract”, but the word “social contract” has a very diverse and unique connotation in Malaysia. The “social contract” referred to the difficulties and intricate compromises reached between major ethnics in Malaysia regarding their mutual rights and privileges, since independence of Malaysia. The Aboriginal in Malaysia is also known as Orang Asli, their communities frequently associated with negative connotation and sometimes less fortunate when compared to other main ethnics in Malaysia. Over the time government regimes change guard but developments of reasonable policies and other actions that promotes intergenerational justice and sustainable development goal towards Orang Asli seem slow in progress. This paper aims to highlight the issues of plight among Orang Asli in Malaysia as they are the minorities within minority communities. In contrast to empirical research, doctrinal approach which is library-based focusing on reading and analysis of the primary and secondary materials will be applied throughout this study. It is the contention of this paper to promote better wellbeing of Orang Asli communities as part of Malaysia nation building.

Comparison between Will and Trust: A Conceptual Review

The growth of unclaimed inheritance in Malaysia is an issue since the independence of Malaysia. Inheritance planning or Estate planning can be defined as the process of determining how one’s property should be distributed to meet the deceased’ wish. There are two popular estate planning instruments namely will and trust. This study aims to explore the differences of will and trust as part of estate planning instruments. The concept of will and trust, as well as the comparison and barriers of estate planning have been discussed in depth. This study will provide more insights to people for better-informed decision in their estate-planning arrangements by understanding the key differences between these two estate planning instruments.

The Commonwealth Magistrates’ and Judges’ Association (CMJA) Brisbane Declaration: a brief assessment of magisterial independence in Malaysia

ABSTRACT Judicial independence for the lower courts, especially at the magisterial level, is often disregarded, be it administratively or in academic studies. Shortcomings in the independence of the Malaysian magistracy, though apparent, were never systematically evaluated against the judicial independence benchmarks. By using the Brisbane Declaration 2018, a Commonwealth Magistrates’ and Judges’ Association (CMJA) established instrument that prescribed standards of independence for the magistracies, this article briefly assesses the state of magisterial independence in Malaysia. The analysis confirms that institutional independence, adjudicatory independence and administrative independence of the Malaysian magistracy have been compromised. Certain essential formal safeguards of judicial independence are also absent. This lack of magisterial independence is mainly attributable to the complexity of the courts’ administrative structure that exists as a hybrid framework between the Executive and the Judicature. Hence, further in-depth study of this matter is required to preserve the dignity, integrity, impartiality and independence of the Malaysian magistracy.

1MDB (1 Malaysia Development Berhad), Scandal, and Its Impact on Malaysian Domestic Politics

This article examines the publicly discussed 1 Malaysia Development Berhad (1MDB) scandal and its impact on Malaysian domestic politics. Following this case, Najib Razak as prime minister of Malaysia was under pressure. This is because of the strong allegation of Najib Razak’s involvement in the 1MDB scandal. This issue became public discourse after the widely report made by New York-based media Wall Street Journal concerning Najib’s abuse on the corporate asset. The scandal not only shakes Najib’s political coalition but also indirectly has provoked public distrust against him including from his political Guru, Mahathir Muhammad. Dr Mahathir openly accuses Najib’s behaviour and declare to quit from his longest loyal party, UMNO. Later on, this scenario has created a new political landscape in Malaysia. Therefore, this article attempts to examine the new Malaysian political landscape specifically the relationship of BN and the opposition vis-à-vis Mahathir political alliance. Nevertheless, history has witnessed that in the last election, Pakatan Harapan won the most dramatical election ever since the independence of Malaysia and UMNO-BN has lost the power. Yet, the political scenario surrounding 1MDB scandal and the relationship between UMNO-BN vis-à-vis other parties became one of the stories that always trigger public discourse, even until today.

Managing Democracy in Malaysia (Identity, Minorities, and Representation)

The Malaysian General Election (GE-14) in May 2018 raised an interesting and new phenomenon. For the first time since independence of Malaysia in 1957, the rulling alliance known as the National Front (Barisan Nasional, BN) which led by UMNO failed to secure simple majority in parliament and lost control of seven of Malaysia’s 13 states. This was due to the challenge presented by the new opposition alliance known as Pakatan Harapan (Alliance of Hope, PH) which won 113 of seats in parliament and gain control the central government. It is interesting that this significant increase in support for the opposition is due to their change the way minorities, identity and representation is managed. The Malaysian Supremacy as political manifesto of Pakatan Harapan which involves eradicating affirmative action based on etnicity, basing it instead on need, for instance need due to prosperity through the removal of government service tax (GST), and reformation of law. This would potentially increase the justice and equality for all ethnic or racial groups. This paper links the 2013 and 2018 elections, the more global trend in which minorities and youth representation are standing up to demand their right and to the challenge multiracial presents in Malaysia as a Muslim country. Therefore, the fundamental questions in this paper of how Pakatan Harapan manage minorities, identity and representation within in the process of democracy and to what extent the opportunities and the involvement of youth as voters and parliamentary candidates in order to support a progressive democracy in Malaysia.

幫权结構下的华人社团: 以马来西亞文冬华人大会堂为例

Southeast Asian Chinese society is based on “Pang”, which can be simply understood as various geo-based ethnic/dialect communities. “The Power Structure of Pang Politics” is the internal organization structure of each community and the relationships between various “Pangs” consist of both competition and cooperation. Same with the Malaysian Chinese society as a whole, the Malaysian Bentong Chinese society is also a “Pang” co-existing society, with Cantonese (Guangdong) community, Hokkien (Fujian) community, Hakka community, Kwangsi (Guangxi) community and Hailam (Hainan) community. Even now, this “Pang” phenomenon still exists. The five comuunities (the Chinese called them “Wu Pang”) set up various associations with different ties between one and others. The Bentong Chinese Town Hall (Huatang in short form) was established by the five comuunities with the support of the British colonial government. The initial purpose was to reduce “Pang” fighting and maintain order and stability in the Chinese community. It is the highest leading organization of Bentong Chinese associations, and it is also the most typical “inter-Pang” organization. In this organization, the competition and cooperation between various communities was most directly presented, which is a typical case for the study of the power structure of “Pang”. Huatang was established a century ago under the background of competing and fighting between “Pangs”in Bentong, and the need to forge cooperation. Since then, based on the size of the communities, as well as the strength of their political and economic impacts, the various “Pangs” took their turn respectively to lead the Huatang during different periods of history, including the aiding China and resistance against Japanese aggression, Post World War II recovery, Emergency Period and independence of Malaysia until today, made the Huatang played different social functions in different time periods.

Managing Democracy in Malaysia (Identity, Minorities, and Representation)

The Malaysian General Election (GE-14) in May 2018 raised an interesting and new phenomenon. For the first time since independence of Malaysia in 1957, the rulling alliance known as the National Front (Barisan Nasional, BN) which led by UMNO failed to secure simple majority in parliament and lost control of seven of Malaysia’s 13 states. This was due to the challenge presented by the new opposition alliance known as Pakatan Harapan (Alliance of Hope, PH) which won 113 of seats in parliament and gain control the central government. It is interesting that this significant increase in support for the opposition is due to their change the way minorities, identity and representation is managed. The Malaysian Supremacy as political manifesto of Pakatan Harapan which involves eradicating affirmative action based on etnicity, basing it instead on need, for instance need due to prosperity through the removal of government service tax (GST), and reformation of law. This would potentially increase the justice and equality for all ethnic or racial groups. This paper links the 2013 and 2018 elections, the more global trend in which minorities and youth representation are standing up to demand their right and to the challenge multiracial presents in Malaysia as a Muslim country. Therefore, the fundamental questions in this paper of how Pakatan Harapan manage minorities, identity and representation within in the process of democracy and to what extent the opportunities and the involvement of youth as voters and parliamentary candidates in order to support a progressive democracy in Malaysia.

Language planning for Malay in Malaysia: A case of failure or success?

AbstractThis article looks at the language planning that has been carried out since Independence in Malaysia for the promotion of Malay, the national language. After a sociolinguistic outline of the country, the different phases language planning is normally divided into are examined in detail, highlighting both the points that have proven to be successful and those that have not. In the second part of the article the problems that have been encountered during language planning and the reasons why Malay has not succeeded in becoming a full-blown national language which even the non-Malays can identify with are examined. Together with the problems, some possible solutions are put forward that may improve the given situation and make Malay a useful and prestigious language also for the non-Malays, who make up more than one third of the total population, and perhaps even internationally.

Standardisation of Fatwa in Malaysia: Issues, Concerns and Expectations

The establishment of the institution of fatwa can be traced back before the independence of Malaysia. In the beginning, a Mufti was placed under the respective Islamic Councils. To a certain extent, a Mufti was also a judge (kadi) and presided over cases in the Shari’ah courts. Legally, a Mufti’s views are not considered as fatwas. Only fatwas issued by the respective States’ Fatwa Committees are regarded as fatwas. A fatwa is binding upon Muslims of the state where it is issued after being consented to by the Sultan and later gazetted. The problem is that more often than not, conflicting fatwas at state and national levels do occur, and this has led to confusion and problems. This article attempts to analyse the problems surrounding the conflicting fatwas. It suggests that the standardisation of fatwas at state and federal levels could be done by requesting the respective States’ Fatwa Committees to abide by the fatwas issued by the National Fatwa Committee. It is also suggested that fatwas issued by the respective States’ Fatwa Committees should be brought up to the National Fatwa Council for standardisation. It is also suggested that a Grand Mufti should be appointed on rotational basis like the selection of the Yang Di Pertuan Agong, after being consented to by the Council of Rulers. However, the position of Grand Mufti will not supersede the position of the respective States’ Muftis.

Standardisation of Fatwa in Malaysia : Issues , Concerns and Expectations

The establishment of the institution of fatwa can be traced back before the independence of Malaysia. In the beginning, a Mufti was placed under the respective Islamic Councils. To a certain extent, a Mufti was also a judge (kadi) and presided over cases in the Shari’ah courts. Legally, a Mufti’s views are not considered as fatwas. Only fatwas issued by the respective States’ Fatwa Committees are regarded as fatwas. A fatwa is binding upon Muslims of the state where it is issued after being consented to by the Sultan and later gazetted. The problem is that more often than not, conflicting fatwas at state and national levels do occur, and this has led to confusion and problems. This article attempts to analyse the problems surrounding the conflicting fatwas. It suggests that the standardisation of fatwas at state and federal levels could be done by requesting the respective States’ Fatwa Committees to abide by the fatwas issued by the National Fatwa Committee. It is also suggested that fatwas issued by the respective States’ Fatwa Committees should be brought up to the National Fatwa Council for standardisation. It is also suggested that a Grand Mufti should be appointed on rotational basis like the selection of the Yang Di Pertuan Agong, after being consented to by the Council of Rulers. However, the position of Gand Mufti will not supersede the position of the respective States’ Muftis.

THE EFFECTS OF COLONIALISM ON SHARIAH: THE MALACCA AND SOKOTO EXPERIENCES

Muslims around the world have made a full attempt to ensure that the law of Allah the Most High and Exalted becomes their guidance in all their affairs. Malacca Sultanate and Sokoto Caliphate implemented Shariah before the coming of the colonial masters. When the colonial masters came, they introduced the doctrine of validity to make Islamic law a secondary law especially in criminal matters. Islamic law was made applicable to Muslims only on matters of Muslim personal law such as marriage, divorce and custody of children. Even after independence, not much was seen of Islamic criminal law in these territories. However, a new awakening amongst Muslims has resulted in the implementation of some aspects of Islamic criminal law in Malaysia and Nigeria. Since democracy advocates that the voice of the majority must always be reckoned with, it will therefore not be out of place to have Islamic law in these territories. But that is supposed to hold when machineries for its implementation are put in place, sincerity on the part of Muslims is achieved and awareness is created. The article therefore aims to expose the effect of colonialism on Islamic law in Malacca and Sokoto, status of Shariah after independence in Malaysia and Nigeria and suggestions on how to make implementation of Shariah more successful in these territories.

THE EFFECTS OF COLONIALISM ON SHARIAH: THE MALACCA AND SOKOTO EXPERIENCES

Muslims around the world have made a full attempt to ensure that the law of Allah the Most High and Exalted becomes their guidance in all their affairs. Malacca Sultanate and Sokoto Caliphate implemented Shariah before the coming of the colonial masters. When the colonial masters came, they introduced the doctrine of validity to make Islamic law a secondary law especially in criminal matters. Islamic law was made applicable to Muslims only on matters of Muslim personal law such as marriage, divorce and custody of children. Even after independence, not much was seen of Islamic criminal law in these territories. However, a new awakening amongst Muslims has resulted in the implementation of some aspects of Islamic criminal law in Malaysia and Nigeria. Since democracy advocates that the voice of the majority must always be reckoned with, it will therefore not be out of place to have Islamic law in these territories. But that is supposed to hold when machineries for its implementation are put in place, sincerity on the part of Muslims is achieved and awareness is created. The article therefore aims to expose the effect of colonialism on Islamic law in Malacca and Sokoto, status of Shariah after independence in Malaysia and Nigeria and suggestions on how to make implementation of Shariah more successful in these territories.

Political connections, fees paid to auditors and auditor independence in Malaysia: evidence from going concern audit opinions

This study examines whether auditor independence will be affected by the magnitude of audit and non-audit services fees provided to audit clients and political connections. We predict that auditor independence will be undermined when audit firms provide non-audit services to the audit clients as the provision of the non-audit services to audit clients increases the economic bond between the audit firm and the client. Furthermore, given the unique institutional background in Malaysia, we also test the relationship between auditor independence and political connections. We use the propensity to issue a going concern opinion as a proxy for auditor independence while political connections are represented by two measures namely the proportion of Bumiputras directors on the board and politically connected firms. Contrary to our prediction, we do not observe any association between the propensity to issue going concern opinions and non-audit fees, total fees and the ratio of non-audit fees to total fees. Interestingly, we find evidence to suggest that audit firms are less likely to issue going concern opinions when audit clients have more Bumiputras directors sitting on board. This result is view to be important as it suggests that political connections could undermine auditor independence in fact and appearance.

Migration Language Policies: The Malaysian Experience

This paper explores the language policy in Malaysia vis-a-vis its diversity preserves those expectation which indicates the national attitudes about how linguistic diversity should be handled. Malaysia as presently constituted is made up of 3 major ethnic groups - the dominant Malay, Chinese and Indians. The migration of Indians to Malaysia started in the second half of the 19th century, primarily as laborers who were brought by the British to work on plantations, roads, railway lines and ports. On their part the Chinese community has increased before political independence in Malaysia. However, Malay was adopted as the national language and medium of instruction in schools. Be that as it may, the Chinese and Indian communities were allowed by the government to run schools which medium of instruction is in Chinese and Tamil languages. From the foregoing, one thing is obvious. These immigrants who have adopted Malaysia as their country still see themselves as people from one culture. They speak their language and maintain their cultural heritage and traditions and ensure that their identities are preserved even as they try to integrate in their host country.

Malaysia: From Kampung to Twin Towers

Malaysia: From Kampung to Twin Towers. By Richard Leete. Shah Alam: Oxford Fajar, 2007. Pp. 358. The publication of Malaysia: From Kampung to Twin Towers coincides with the celebrations of fifty years of Independence in Malaysia. It documents the economic and social progress that Malaysia has achieved over the past fifty years and some of the development challenges that it faces today. The book begins with a chapter that examines how changes in Malaysia's demography over the past fifty years have profoundly influenced its economic development. This is followed by chapters on the growth and transformation of the economy, and poverty eradication and the restructuring of society. The final chapters examine achievements in the areas of education, health, and greater gender equality. The tone of this book is perhaps set in the forward, which states that at Independence Malaysia was on par with Sri Lanka, the Philippines, Ghana, Morocco and Senegal in terms of per capita income. However, fifty years on, its per capita income is double that of Sri Lanka, three times that of the Philippines and Morocco, and six times that of Ghana and Senegal. The message is that Malaysia's record is one of success, which deserves to be celebrated and to be emulated by other developing countries. However, it also true that Malaysia has slipped in the East Asian growth league table and its performance in the East Asian neighbourhood has been mediocre. Both South Korea and Taiwan, which started out with lower levels of per capita GDP, have well surpassed Malaysia fifty years later, while several that started almost on par or at lower levels of per capita GDP have grown much faster. In terms of total factor productivity, Malaysia has also lagged behind. Since Independence, Malaysia has been ruled by just one political party, and the policies of that party, particularly the New Economic Policy and its current variant, have been instrumental in charting the development and growth trajectory in Malaysia. As there is no counter factual to the NEP and no way of gauging what growth rates would have prevailed in its absence, perhaps the challenge is then is to explain how Malaysia was able to do as well as it did it spite of the NEP. Was it just good luck and did good policy have much to do with it? Leete maintains that unlike many other resource-rich countries, Malaysia did not succumb to the curse of reliance on its natural resource abundance and is one of the leading exporters of high technology electronics. However, underlying the impressive growth of the Malaysian manufacturing are a number of serious shortcomings. These include a high concentration in the electronics sub-sector, high foreign ownership, weak linkages, and human resource constraints. …

Œuvres malaises modernes inspirées de traditions anciennes (depuis les année 1940)

Sejarah Melayu and Hikayat Hang Tuah, two traditional Malay literary works of the 17th century connected with the Sultanate of Malacca (1400-1511) and sometimes also with the related oral traditions, have greatly inspired modern Malaysian authors. This article attempts to make a global analysis, without claiming to be exhaustive, of literary works and films produced by these authors since the 1940s. Only some characters, among whom are a great number of women, and some events, notably the duel between Hang Tuah and Hang Jebat, hold the attention of the authors. In this respect, various titles are considered, like Dang Anum; Hang Tuah; Jebat; Matinya Seorang Pahlawan (Jebat); Puteri Gunung Ledang, Cerita Cinta Agung; Singapura Di-Langgar Todak; Tun Fatimah atau Riwayat Perjuangan Ibu Melayu. Before the independence of Malaysia in 1957, these works were especially related to the Malay nationalist movement. After independence, these works mostly reflected the authors’ concern over the new social and political context in Malaysia, mainly their idea of democracy and social justice.