Malaysian Constitution Research Articles

Right To Health in Malaysia. Do We Have It?

The Malaysian Constitution does not guarantee the right to health. The notion of thought that there is a default right to health lies in the expressive interpretation of right to life in the Federal Constitution. This article explores the right to health beyond its pedagogical principle by analyzing the Federal Constitution in-depth, and examine the applicability in modern clinical practice and how human rights are applied and read in law practice by reviewing previous case laws pertaining health related issues. In Malaysia, it is noted that the default formulation in the right to life is broad and ambiguous. It contains a voluminous number of rights in a single provision, and the paucity in the definition causes confusion in Court on which provision of law should be based on. Right to health remains poorly adopted in this country.

Deviant Sects in the Context of the Right to Practice Religion: A Critical Study of Its Position in the Constitutions of Indonesia and Malaysia

Aims: This research aims to find a solution to the settlement of deviant sect practices in the context of the right to practice religion in the Constitutions of Indonesia and Malaysia. Method: This type of research is normative legal research and uses statutory, comparative, and conceptual approaches. Theoretical Framework: The study is grounded in normative legal research, employing statu-tory, comparative, and conceptual approaches to analyze the constitutional frameworks of both countries in relation to the right to practice religion. Research Implications: Freedom of religion is an issue that often becomes a debate when cases of deviant sects arise both in Indonesia and in Malaysia. The debate is caused by the ambiguity of the provisions on freedom of religion in a country's constitution so that it can provide various interpretations of freedom of religion. The ambiguity can be seen when comparing the Indone-sian Constitution and the Malaysian Constitution. The Indonesian Constitution does not explic-itly state the right to practice religion, while the Malaysian Constitution clearly states the right to practice religion. These differences in provisions have had a significant impact on the exer-cise of the right to practice religion in the two countries. Result and Conclusion: The results of the research show that the absence of provisions on freedom of religion in the Indonesian constitution is the difficulty in resolving the problem of deviant sects as sects that destroy the faith of Muslims. The clarity of the provisions on free-dom of religion in the constitution is the ease of resolving the problem of heretical sects as prac-tices that contradict Islamic teachings.

Does Language Matter in the Mathematics Classroom for Orang Asli Students in Malaysia?

Numerous studies have shown that the language barrier may cause the difficulties among indigenous children in learning mathematics. Apparently, this is also the case among the Orang Asli students in Malaysia. As enshrined in the Malaysian Constitution, the Malay language is the national language spoken by Malaysians who are made up of various races. However, other races including the Orang Asli are free to use their respective languages in their daily lives. In the Malaysian education system, the medium of instruction used in mathematics classes is the Malay language. Since the Orang Asli students are only exposed to the Malay language after they enter formal education in a primary school, the use of the Malay language has become an obstacle for them to understand mathematical concepts. Accordingly, this concept paper discusses the position of the Orang Asli language in Malaysia, the medium of teaching and learning in mathematics classes in Malaysia, and the effectiveness of using the Orang Asli language in mathematics classes among the Orang Asli students. In addition, the code-switching approach that is widely practised in many countries is also discussed. Finally, the roles of various parties, including the Ministry of Education, the Department of Orang Asli Development, NGOs, teachers, parents and the Orang Asli communities in increasing the use of the national language among the Orang Asli students are also discussed. It is hoped that this concept paper can enlighten the language problems among the Orang Asli students in Malaysia and further improve their academic quality.

Nilai Islam dalam Budaya Masyarakat Majmuk Melalui Siri Animasi Upin dan Ipin

Islamic values ​​in culture show the height and thinking of the community in carrying out the journey of life in a diverse group of races and religions. Based on the Qur'an and Sunnah as the main reference, it has explained some Islamic values ​​that need to be followed, namely basic values ​​(creed), core values ​​(Shariah) and main values ​​(morality) and delivery that is appropriate to the state of society as an additional value or development in cultural value education. Therefore, this article aims to analyse the values ​​of Islam in the culture found in those values. While the methodology for this qualitative study is to use library research and data content analysis from animated films watched. The results of the study found that the animated series Upin and Ipin have all four of those values ​​in the culture of a pluralistic society without having to separate Islamic beliefs in life together with non-Muslim societies. The content of the animated film also shows the harmonious reality of life and mutual respect among races and religions as indicated in the documentation of the Malaysian constitution.

PARTI KEADILAN RAKYAT (PKR) DALAM PILIHAN RAYA UMUM DAN PEMILIHAN PKR 2022: IMPAK DAN MASA HADAPAN DALAM GEOPOLITIK MALAYSIA

Parti Keadilan Rakyat (PKR) is a multi-racial political party in Malaysia that fights for social justice for all communities but supports the Malaysian Constitution. This party was formed in conjunction with the dismissal of Dato’ Seri Anwar Ibrahim in the Government and UMNO to demand justice for him and the persecuted people. The party has undergone a rebranding from Parti KeADILan Nasional (PKN/KeADILan) to Parti Keadilan Rakyat (PKR) as a result of a merger with part of the leadership of Parti Rakyat Malaysia (PRM). From the 1999 General Election to 2018, the party participated in elections and experienced ups and downs in its performance. The party also held internal leadership elections which saw the participation of a large number of members in the party's elections. In the end, both elections have an impact on Malaysia's geopolitics from time to time. Therefore, it is the purpose of writing this article to analyze the performance of Parti Keadilan Rakyat (PKR) in the general election and the PKR 2022 election that has an impact and the future on Malaysian geopolitics. Based on primary sources, namely the results of the general election in Malaysia and secondary sources, namely journal articles, academic books, seminar papers and research reports, the findings show that PKR’s performance in the 1999-2018 GE is volatile based on current issues and voters’ confidence in the leadership. PKR. The results of the PKR 2022 internal election show that PKR members choose leaders who are experienced, competent and strong in administration as the government as well as leaders who are idealistic, far-sighted, visionary and independent in acting in politics. As a result, Malaysia's geopolitics is still stable with anything that happens in PKR but with the image as a multi-racial party and constantly facing internal and external conflicts then this will influence voters, especially Malay voters to support the party towards the next GE. Although there are various challenges and obstacles that this multi-racial political party has to go through, the future of this party is still bright if the strategy of attracting voters is in line with the current situation.

MOBILITY AND MOVEMENT RIGHTS IN MALAYSIA: THE CONSTITUTIONAL ULTIMATUM

The Constitution of Malaysia protects freedom of movement. However, national security, public order, public health, punishment of offenders, subversion, emergency and special immigration rules in Sabah and Sarawak restrict mobility rights under the Constitution. The purpose of this article is to examine the scope and characteristics of freedom of movement under the Malaysian Constitution, as well as the reasons for restricting such rights. The freedom of movement in Malaysia is limited because of the extensive exclusions that can be used to deny such rights. This article concludes that individual movement rights should be balanced against competing goals to maintain national security, public health, offender punishment, subversion, and emergency.

Malaysia and the Rome Statute of the International Criminal Court

Through its founding treaty, the Rome Statute, the establishment of the International Criminal Court (ICC) has received support and opposition from many countries. Despite working toward universal ratification or accession to the Rome Statute, Signatories and State Parties to the Rome Statute have decided not to ratify and withdraw from being Member States due to, among other reasons, the issue of immunity and criminal responsibility of the Head of State, which are not in line with their respective Constitution, particularly by Malaysia. As such, this study analyzes the position of immunity of the Head of State as well as the criminal responsibility of a military commander under international law, particularly under the Rome Statute and the Malaysian Constitution. Based on doctrinal analysis, this study argues that the Yang di-Pertuan Agong, as the Malaysian Head of State and the Commander-in-Chief of the Malaysian Armed Forces, has immunity before the national court and, thus, will be highly exposed to ICC jurisdiction because the complementary principle under the Rome Statute cannot be implemented. This study concludes that being a part of the ICC Membership is untimely for Malaysia without the reconciliation of these contradictions.

PENAWARAN KURSUS KENEGARAAN MALAYSIA DARI PERSPEKTIF PELANTAR ANAK WATAN: KESEDARAN KOLEKTIF DALAM PEMBANGUNAN KURIKULUM UNIVERSITI

Malaysian Nationhood courses are offered in conjunction with core or mandatory courses offered at the certificate, diploma, or first-degree level. This course was created to instil in students the values of patriotism and nationalism in the hope that they will grow into responsible citizens and stewards of the motherland. The course is offered to ensure that history subjects studied in school continue to be studied at the tertiary level. Thus, this article discusses the Malaysian Nationhood courses offered through the Anak Watan Platform. The Anak Watan Platform concept was based on the recognition that the Malays and Bumiputeras are the country's backbone, as enshrined in the Malaysian constitution. The methodology of the research is qualitative, relying on source-based documentation analysis, as well as the author's observations and experience teaching the nationhood course. The study's findings indicate that when developing the nationhood course curriculum, priority should be given to the elements found in the Anak Watan Platform concept to ensure that every student understands its importance in ensuring the sustainability of a peaceful and prosperous Malaysian nation.

Pesta Pongal dan Tahun Baru Cina, Perayaan Adat atau Perayaan Keagamaan? Satu Toleransi Agama di Malaysia

The purpose of this study was to examine the celebrations of non-Muslims, namely the Pongal Festival for Hindus and the Chinese New Year for the Chinese community, on whether the Pongal Festival and Chinese New Year are customary or religious festivals and to propose interfaith dialogue as the solution to ensure religious tolerance among the people. This phenomenon highlights the importance of interfaith dialogue to achieve inter-religious tolerance especially for Malaysia consists various races and religions. This literature review study using qualitative method concluded that the Pongal Festival celebrated by Hindus is religious in nature due to the element of worship to the Gods. Meanwhile, Chinese New Year consists of celebrations which can be classified as customary or cultural celebrations. According to the syara’, any act of tasyabbuh in akidah and belief is strictly prohibited. Though the aspect of tasyabbuh needs to be looked further in detail especially in the context of Malaysia as pluralistic-society country. Therefore, inter-religious dialogue, a consensus within the framework of a plural society can be created in a harmonious environment by taking into account the spirit of the Malaysian constitution which celebrates freedom of religion and by considering Islam as the religion of the federation.

Progression In Recognising Diversity, Fostering Inclusiveness and Equality in Malaysia

Men and women are both inherently equal; the issue is that they do not always have equal rights in practice, but the supporting pieces of evidence are limited. The Malaysian Constitution, which guarantees civil rights and equality, includes state institutions dedicated to maintaining gender equality and policies designed to that end. However, adverse reports criticised the judicial system and emphasised fair chances for all, supporting and appreciating differences, and ensuring equal access. Anti-discriminatory practices are a contentious subject, but there must be an assessment to see if today's youth have retained a memory of the past and a sense of good values and proper mechanisms for peaceful coexistence in the pursuit of social equity and diversity and inclusivity in Malaysia. The opportunities for Malaysia to promote human rights, eliminate gender-based violence and injustice are more excellent now than they have been in the country's history. The study's intriguing results are directly linked to practice and lead to several other routes for further investigation.

HEALTH AND HUMAN RIGHTS WITHIN THE CONTEXT OF INTERNATIONAL HUMAN RIGHTS LAWS AND THE MALAYSIAN CONSTITUTION

Health rights, unlike political and economic rights, until recently has not received sufficient attention that it truly deserves despite being equally important as other aspects of human rights. It is timely that the right to health be given serious attention and more coverage by the media, legal fraternity and the authorities as well as by the public at large. Unfortunately, the Malaysian Constitution does not have any express provision which recognizes health right and no laws in the country so far acknowledged such right. Hence, this research is done to supplement the gap. This is a legal research which applies qualitative approach focusing on rights relating to private and public health. It is a doctrinal and jurisprudential study and examines international and national laws, especially the Malaysian Constitution. Health is essential for a good life of any human being. Without it a person cannot have a quality life. Although it cannot be expected that government must guarantee everybody will be healthy it cannot be denied that among the functions and obligations of the governments are to provide healthcare services to the community and ensure that facilities and avenues for medical treatments are available to the people. This right has been firmly established in international human rights laws. Its realization has been the subject and objective of various international conventions and policies. It is believed that right to health is ingrained in the constitution of the country and should be recognized by the courts and the governments.

Rukun Negara as a Preamble to Malaysian Constitution

Rukun Negara is the Malaysian declaration of national philosophy drafted by the National Consultative Council and launched on 31st August 1970. The Rukun Negara aspires to establish a substantial unity of a nation. The principles in the Rukun Negara serve as an integrative key to harmonious and unity of the people in ensuring Malaysia’s success and stability. To realize the aspiration above, five (5) principles are presented, namely the “Belief in God”; “Loyalty to the King and Country”; “Supremacy of the Constitution”; “Rules of Law”; and “Courtesy and Morality.” However, there is a postulation that Rukun Negara’s inclusion as a preamble may undermine constitutional supremacy. Therefore, this paper is aimed to enlighten the matter via critical interpretation of the principles and examination of related cases in Malaysia. The conducted analyses showed that the Federal Constitution per se is sufficient and comprehensive to address the conflicting issues. Despite some ambiguities probed in the Constitution, its supremacy is still fully preserved and effective without including Rukun Negara as the preamble.

The Rights of Non-Muslims In the Malaysian Constitution and Its Comparison with The Sahifa Madinah

Providing rights in a country is essential, especially for organizing Malaysian citizens which has a different religion. The Malaysian constitution is the reference for knowing this right for non-Muslims. And the biography of the Prophet the Prophet had stated in the Sahifah Al-Madinah that these rights are a reference for the Islamic nation. It is worth noting that we compare the two constitutions to find out what can be improved towards non-Muslims in the Malaysian constitution. The purpose of this study is to research the Malaysian constitution about the rights of non-Muslims and then compare it with what was reported in Al-Madina Sahifah to discover what could be improved in the Malaysian constitution. The method used in this study is the inductive approach based on extrapolation of historical documents with the aim of obtaining related data. Then the data is analyzed using an inferential method to generate general conclusions regarding the rights of non-Muslims in both constitutions. Among the most important findings of the study is that there is a great similarity between these two documents in providing rights for non-Muslims. Then non-Muslims in the Islamic state are considered citizens with Muslims. It is permissible to cooperate with non-Muslims to defend the state to provide security and safety. Every Muslim and non-Muslim citizen has the right and duties in the Islamic state.

Education in Malaysia: Educating for Inclusive-Holistic Growth, Political Needs…?—The Transformation of Vernacular and Particularised Education towards Integration into “Malaysian Education”

From the British colonial period and henceforth after independence, educationists have striven to unify the divided and “particularised” education structures that were taking firm roots in plural Malaya and thenceforth, Malaysia. The primary focus as boldly enshrined in the Malaysian Constitution, the national ideology statement—the Rukun Negara, the National Education Philosophy (NEP) and by the constant reminders and promptings of our founding fathers, was national integration of the ethnically and culturally diverse society. The aspiration of “sejahtera” (well-being) as propounded in the nation’s NEP, seen together with the United Nations’ SDGs (sustainable development goals), towards Education 2030, clearly points to the urgent need for further effort towards inclusive and quality education. The discussion on the prevalent, divided education system, attempting to answer the main research questions, centres on mother-tongue vernacular education and other sub-set education structures, such as the religious and “one-race” schools. These have inevitably with the course of decades, contributed to social disunity. It is found that educators emphasise that transformation and integration, and not the termination of these education sub-sets, into mainstream education, with a strong implementation of the national language and English in the school curriculum. This can help evolve Malaysian education into a globally reputed education system. Educationists are also of the view that it can be then an effective bonding tool for national unity. Language, religion, and literature subjects can be conducted in the mother-tongue languages within the ambit of the national education philosophy. In-depth one-to-one interviews of higher primary school learners, were found to have sparse knowledge in the Malay-national language and English, in topical knowledge areas in Science, Moral Education, common knowledge concepts, and common civility greetings. Successful working models of education of certain plural societies towards national integration, provide constructive lessons for the constructive re-hauling of education in Malaysia.

Perkembangan Islam dan Gerakan Politiknya di Malaysia

Islam entered the territory of Malaysia, especially in the Malacca kingdom, through Muslim merchants from India and Arab-Persia around the 7th century AD The broad development took place around the 13th century, with the discovery of inscriptions nuanced by Islam. Islamic political thought and movement was more intensive since the struggle for political compromise to gain independence from British colonialism. The Islamic political movement has a spectacular momentum when the Malaysian Constitution places Islam as the official religion of the state and makes ethnic Malays as a special group (special privileges) over other ethnic groups. The development of Islam is supported by an Islamic political movement that is controlled by political parties holding power, namely UMNO, even though Islam is inclusive and upholds the value of nationalism, its work still prioritizes Islamic values. Opposition parties such as PAS which are more fundamaentalist in their ethical sense have actually been adopted by the ruling party. This means that the two parties benefited the existence of Islam. Referring to the peaceful Islamic political movement in order to uphold the teachings of Islam in Malaysia, both legally and formally and constitutionally and culturally, it can be an inspiration to other Muslim-majority countries.

Constitutional Principles in Relation to the Rights of Migrant Workers to Social Security in Malaysia: Adopting the Human Rights Approach

Enactment of the social security laws in Malaysia does not take into consideration the Malaysian Constitution’s constitutional principles. Likewise, the Constitution itself does not specify the provisioning of social security rights. Nevertheless, two provisions are particularly relevant for the recognition of fundamental rights to the migrant workers in Malaysia: firstly, equality of treatment and secondly, prohibition of slavery and forced labour. The concept of equality as enshrined in Article 8 of the Malaysian Federal Constitution states that all persons are equal before the law. Furthermore, Article 6 of the Constitution prohibits any form of slavery and forced labour. Hence, any form of discrimination, slavery, and forced labour to migrant workers cannot be tolerated. First, this paper aims to examine the basic principles of human rights framework in relation to migrant workers. Next, this paper seeks to analyse these constitutional principles in the light of Malaysian social security laws. Due to the lack of constitutional provisioning on social security in Malaysian Constitution, this paper also examines the experience from the South African Constitution because social security in the country has been constitutionally protected. Lastly, the possibility of implementing the same constitutional principles in Malaysian Constitution will be observed by adopting the human rights approach.

Contextualising Hate Speech: A Study of India And Malaysia

Hate speech is a verbal expression, which is designed to promote hatred based on race, religion, ethnicity and violence between different communities . Hate speech are systematically used to lash hatred towards minorities and for inflaming regional, religious and ethnic passion. It has been repeatedly observed that inflaming and deleterious words have been used by people of influence to further their vested interests and incite violence. Indian laws as well as Malaysian laws forbid anyone from making hate speeches that disturb the communal harmony and creates discord among the people. When the issue of suppression of hate speech comes to purview, the notion of reasonable restriction comes into picture. Consequent debate narrows down to two sharply contrasting opinions ie: restraints v. freedom of speech and expression. It is difficult to balance both divergent opinions. Article 19(1) of the Indian Constitution, provides for the freedom of speech and expression but also places reasonable restrictions under Article 19(2) on the grounds of public order, decency and morality. Similarly, Article 10 of the Malaysian Constitution empowers the Malaysian citizens with the freedom of speech and expression subject to restrictions imposed by the Parliament. Whenever these contradictory opinions are presented in front of the court, even the Apex court of the respective countries has shown its reluctance towards curbing such communally charged statements. Even if the judgment restraining hate speech is pronounced, it often comes too late, sometimes after the damage has already been inflicted, thus failing to exert any deterrent effect. By using doctrinal research methods,this paper a) discusses the terminology of hate speech; b) analyzes different legal provisions that deals with hate speech in India and Malaysia; and c) discusses non-legal solutions to the problem. This paper argues that although several legal provisions are available to curb hate speech, Alternative Dispute Resolution and counter speech may be used as alternative ways to address hate speech.

Modern Means of Collecting Evidence in Criminal Investigations: Implications on the Privacy of Accused Persons in Malaysia

The article explores the implications of evidence collection in criminal investigations or proceedings on the privacy of accused persons in the Malaysian legal system. Modern evidence collection involves the use of technology and equipment to undertake electronic surveillance, wiretapping, and to access data stored in computers. Such methods have the potential to implicate the privacy of accused persons during criminal investigations or proceedings. This article first examines whether the Malaysian constitution and statutes provide for and protect the right to privacy. Assuming that they do, the question then is the extent to which the Malaysian Criminal Procedure Code (CPC) and Evidence Act (EA) extends to accused persons. As such, this article discusses the CPC and EA and other modern legislations such as the Digital Signature Act 1997, the Computer Crimes Act 1997, the Telemedicine Act 1997, the Communications and Multimedia Act 1998, the Electronic Commerce Act 2006, the Electronic Government Activities Act 2007, and the Personal Data Protection Act 2010.

Religious Freedom, The Malaysian Constitution and Islam: A Critical Analysis

This article seeks to analyze three types of religious freedom as stipulated by the Malaysian Constitution; freedom to profess, freedom to practice and freedom to disseminate one's religion. The article will also analyze whether the provisions on freedom adhere to the objectives of Islamic laws (maqasid al-shari’ah) given that Islam is regarded by the Constitution as the religion of the Federation and practically the religion of the majority. In addition, the Charter of Medina will be taken as a concrete model of which policies on religious freedom can be emulated. The author has combined the textual, contextual, historical and comparative methods in the gathering and the analysis of data. It is hope that the article can provide a critical analysis on religious freedom in Malaysia from an Islamic perspective given that the Constitution is explicit about Islam as the religion of the Federation.

British and Commonwealth legacies in the framing of the Malayan constitution, 1956–1957

The drafting of a constitution is a complex consultative process. No country, including the United States and India, can claim that its constitution was entirely the original creation of its draftsmen. Framers of constitutions are inspired and influenced by a variety of sources from ancient and modern forms of government and laws. The 1957 Malayan federal constitution drafted by the Reid commission was no exception. While it is known that the drafting of the Malayan (now Malaysian) constitution was influenced by Commonwealth constitutions, the extent of this influence has remained unclear. This article reveals through a close scrutiny of the primary constitutional documents that the framing of the Malayan constitution was mainly influenced by three connected yet varied sources of constitutionalism. Their influences can be discerned at two inter-related levels. At the first level, it is clear that the underlying constitutional principles which formed the foundations of the Malayan constitution were largely based on English constitutionalism and principles of Common law. At the second and more visible level, this article reveals that the drafting of the Malayan constitution was largely influenced by two contemporary Commonwealth constitutions which served as the main reference templates for the framing of the articles.