Explanation On Differences Between Public Law Law Constitutional Administrative Essay

Published Date: 02 Nov 2017

FACULTY OF BUSINESS AND MANAGEMENT

BDAU 2103

ELEMENTS OF LAW

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LEARNING CENTRE : Sample of good assignment

Content

No Topic Page

1 Introduction 1

2 Explanation on differences between public law and

private law.

2-5

3 Discussion on constitutional law. 6-12

4 Evaluation on roles of Malaysian Federal

Constitution in promoting peace and harmony

13-16

5 Conclusion 17-19

6 References 20Sample of good assignment

Question 1

It is not easy to give a simple one sentence definition of law-however; legal theorists

have tried to provide such a definition. John Austin, writing in the early nineteenth century,

defined law as being command issued from a superior (the State) to an inferior (the individual)

and enforced by sanctions. This definition, however, does not truly apply to regulatory law such

as that setting out how a will should be made: or does it cover the concept of judicial review,

where individuals may challenge the „command‟ made by a Minister of State. Austin was writing

at a time when the law was much less developed than it is today, so it not surprising that his

definition does not cover all types of law today.

Sir John Salmond defined law as being „the body of principles recognized and applied by

the state in the administration of justice‟. This is a much broader definition than Austin‟s and is

probably the nearest that one can get a workable „one sentence‟ definition. Law could also be

described as a formal mechanism of social control. It is formal because the rules set down in the

law can be enforced through the courts and legal system, while in a broad sense all law could be

said to be involved in some area of social control.

Private law regulates relationships between people, organizations, and companies.

Examples include contract, tort, land, company, and employment law. Public law, on the other

hand, regulates t he relationships between individuals (and organizations) with the state and its

organs. Examples include criminal and immigration law and human rights-related matters.

Broadly speaking, private law is an umbrella term for all areas of law that are essentially

horizontal in nature, whereas public law is the term that covers all areas of law that bring us into

contact with state power and its application.Sample of good assignment

Question 2

Within national law, there is usually a clear distinction between public and private law. Public

law involves the State or government in some way, while private law is concerned with disputes

between private individuals or businesses. Both public and private law can be sub-divided into

different categories.

Public law

There are three main types of law in this category. These are:

1. Constitutional law

This controls the method of government and any disputes which arise over such matters

as who is entitled to vote in an election, or who is allowed to become a Member of

Parliament, or whether an election was carried out by the correct procedure.

2. Administrative law

This controls how Ministers of State or other public bodies such local councils should

operate. An important part of this is the right to judicial review of certain decisions.

Judicial review allows judges to consider whether a decision (or a refusal to make a

decision) is reasonable. If it is not, then the decision is re-considered.

3. Criminal law

This sets out the types of behavior which are forbidden at risk of punishment. A person

who commits a crime is said to have offended against the State, and so the State has the

right to prosecute them. This is so even though there is often an individual victim of a

crime as well. For example, if a defendant commits the crime of burglary by breaking

into a house and stealing, the State prosecutes the defendant for that burglary, although it

is possible for the victim to bring a private prosecution if the State does not take

proceedings. However, if there is a private prosecution, the State still has the right to

intervene and take over the matter. At the end of the case, if the defendant found guilty,

the court will punish the defendant for the offence, because he or she has broken the

criminal law set down by the State. The victims will not necessarily be given any Sample of good assignment

compensation, since the case is not viewed as a dispute between the burglar and the

householder. However, the criminal courts have the power to order that the offender pays

the victim compensation and can make such an order, as well as punishing the offender.

Private law

This is usually called civil law and has many different branches. The main ones are contract, tort,

family law, law of succession, company law and employment law.

A family complain that their package holiday did not match what was promised by the

tour operator and that they were put into a lower grade hotel than the one they had paid

for

A woman has brought a new car and discovers the engines is faulty

A man who bought a new car on hire purchase has failed to pay the installments due to

the hire purchase company.

All these situations come under the law of contract. There are, of course, many other situations in

which contracts can be involved. Now look at the next list of situations; they are also civil

matters, but of a different type.

A child passenger in a car is injured in a collision (the tort of negligence)

A family complain that their health is being affected by the noise and dust from a factory

which has just been built near their house (the tort of nuisance)

A woman is injured by faulty machinery at work ( the tort of negligence, but my also

involve occupiers‟ liability and/or employer‟s duty under health and safety regulations)

A man has complain that a newspaper has written an untrue article about him, which has

affected his reputation ( the tort of defamation)

All these cases come under the law of tort. A tort occurs where the civil law holds that, even

though there is no contract between them, one person owes a legal responsibility of some kind to

another person, and there has been breach of that responsibility. There are many different types

of tort, and the above example demonstrates only some of them. Many cases arise from road Sample of good assignment

traffic crashes, since drivers owe a duty of care to anyone who might be injured by their

negligent driving.

Other divisions of private (civil) law concentrate on particular topics. Family law covers such

matters as whether a marriage is valid, what the rules are for divorce and who should have the

day to day of any children of the family. The law of succession is concerned both with regulating

who inherits property when a person dies without making a will, and also what the rules are for

making a valid will. Company law is very important in the business world: it regulates how a

company should be formed, sets out formal rules for running companies, and deals with the

rights and duties of shareholders and directors. Employment law covers all aspects of

employment, from the original formation of a contract of employment to situations of

redundancy or unfair dismissal. As well as these areas of private law, there are also laws relating

to land, to copyright and patents, to marine law and many other topics, so it can be seen that civil

law covers a wide variety of situations.Sample of good assignment

Law

Public law

Constitutional

Administrative

Criminal

Private law

Contract

Tort

Family

Company

and others

National law

International

law Sample of good assignment

Question 3

History

The basis of the Federal Constitution of Malaysia is the Constitution of the Federation of

Malaya. Following the Alliance‟s landslide victory in the first Federal Election in 1955, Tunku

Abdul Rahman Putra was appointed Chief Minister. The drafting of the Constitution of the

Federation of Malaya was the first step toward the formation of a new government after Britain

agreed to concede independence to Malaya in 1956.For the task of drafting the Constitution, the

British Government formed a Working Committee comprising representatives from their side,

advisors from the Conference of Rulers and Malayan political leaders .In January 1956 the

Tunku headed a delegation to London to discuss the Federal Constitution and negotiate the date

for independence of Malaya. In March 1956 a Commission chaired by Lord Reid was set up to

formulate a draft and refine the Constitution of the Federation of Malaya.

The Commission sought the views of political parties, non-political organisations and

individuals on the form of government and racial structure appropriate for this country. In the

consultation process, a memorandum from the Alliance had gained precedence. The

memorandum, an inter-communal conciliation aimed at mutual interests and strengthening the

nation's democratic system of government, took into account five main factors namely the

position of the Malay Rulers, Islam as the official religion of the Federation, position of the

Malay language, the special rights of the Malays and equal citizenship. The draft drawn up by

the Reid Commission was authorised by the Working Committee as the Constitution of the

Federation of Malaya commencing on the date of the nation‟s independence on August 31,

1957.When Sabah and Sarawak joined Malaya in 1963, several provisions in the Constitution

were amended and the country‟s name was changed to Malaysia.

Main features: Key elements of the Malaysian Constitution Sample of good assignment

Article 4(1) state that the constitution is the supreme law of the federation and any law

passed after Merdeka Day which is inconsistent with this constitution shall, to the maximum

extent of inconsistency, be void. The Constitution is divided into 14 parts and 13 Schedules.

Each part and schedule contains relevant articles. There are 181articles in the 14 parts, including

those which have been repealed.

Parts

Part I - The States, Religion and Law of the Federation

Part II - Fundamental Liberties

Part III – Citizenship

Part IV - The Federation

Part V - The States

Part VI - Relations between the Federation and the States

Part VII - Financial Provisions

Part VIII – Elections

Part IX - The Judiciary

Part X – Public Services

The Constitution is the Supreme Law of

Malaysia

Malaysia is a Constitutional Monarchy

There are 3 branches of Government :

Legislation, Executive and JudiciarySample of good assignment

Part XI - Special Powers against Subversion, Organised Violence, and Acts and Crimes

Prejudicial to the Public and Emergency Powers

Part XII - General and Miscellaneous

Part XIIA - Additional Protections for States of Sabah and Sarawak

Part XIII - Temporary and Transitional Provisions

Part XIV - Saving for Rulers' Sovereignty, Etc.

Schedules

First Schedule - Oath of Applications for Registration of Naturalisation

Second Schedule - Citizenship of persons born before, on and after Malaysia Day

Third Schedule - Election and removal of the Yang Di Pertuan Agong and his deputy

Fourth Schedule - Oaths of Office of Yang di-Pertuan Agong and his deputy

Fifth Schedule - The Conference of Rulers

Sixth Schedule - Forms of Oaths and Affirmations

Seventh Schedule - Election and Retirement of Senators

Eighth Schedule - Provisions to be inserted in State Constitution

Ninth Schedule - Legislative Lists (The responsibilities and rights of theFederal and State

government)

Tenth Schedule - Grants and Source of Revenue Assigned to States

Eleventh Schedule - Provisions of the Interpretation and General Clauses Ordinance, 1948

(Malayan Union Ordinance no. 7 of 1948), Applied for Interpretation of the Constitution

Twelfth Schedule - (Repealed)

Thirteenth Schedule - Provisions Relating to Delimitation of Constituencies

Article 5

Article 5 by clause (1) provides that no person may be deprived of his life or personal liberty

save in accordance with law. Thus you cannot kill or imprison a man unless authorised by law.

Clause 3 is in two parts. First, it provides that if a person is arrested, he must be informed as soon

as possible of the grounds of his arrest. Second, it provides that he must be allowed to consult

and be defended by a legal practitioner of his choice. There is an exception to Clause 3 and that Sample of good assignment

is the Internal Security Act which allows detention without trial at the pleasure of the Prime

Minister or the minister-in-charge in the name of national security.

Article 11

Though Islam is the religion of the Federation, Article 11 provides that every person has the

right to profess and practice his own religion. Every person has the right to propagate his

religion, but state law and, in respect of the Federal Territory, federal law may control or restrict

the propagation of any religion, doctrine or belief among persons professing the Muslim religion.

There is, however, freedom to carry on missionary work among non-Muslims.

Article 13

Article 13 provides that no person may be deprived of property save in accordance with law. No

law may provide for the compulsory acquisition or use of property without adequate

compensation.

Article 121

In 2006 a judge ruled that Article 121 limited the federal courts from ruling on matters ruled

on by the Syariah court (Islamic court).

Article 150

This article permits the Yang Di Pertuan Agong to issue a Proclamation of Emergency and to

govern by issuing ordinances that are not subject to judicial review if the Yang di-Pertuan Agong

is satisfied that a grave emergency exists whereby the security, or the economic life, or public

order in the Federation or any part thereof is threatened.

Article 152

Article 152 states that the national language is the Malay language. However, the Constitution

guarantees the freedom of learning and using of other languages, except on official purposes.

Official purposes here means any purpose of the Government, whether Federal or State, and

includes any purpose of a public authority. To this effect, all court proceedings and

parliamentary documents and meetings are conducted in Malay. The official script for the Malay Sample of good assignment

language is also stated in Article 152 as rumi or the Latin script. However, use of Jawi is not

prohibited.

Article 153

Article 153 grants the Yang Di Pertuan Agong or King of Malaysia, responsibility for

safeguarding the rights and privileges of the Malay and other indigenous peoples of Malaysia ,

collectively referred to as Bumiputra . The article specifies how the federal government may

protect the interest of these groups by establishing quotas for entry into the civil service, public

scholarships and public education. It is often considered to be part of the social contract.

According to constitutional scholar Prof. Shad Saleem Faruqi , the Constitution has been

amended 42 times over the 48 years since independence as of 2005.However, as several

amendments were made each time, he estimates the true number of individual amendments is

around 650. He has stated that "there is no doubt" that" the spirit of the original document has

been diluted".

In July 2007, the Court of Appeal held that the doctrine of separation of powers was an integral

part of the Constitution; under the Westminster System Malaysia inherited form the British,

separation of powers was originally only loosely provided for.

Article 181

Article 181 guarantees the sovereignty, rights, powers and jurisdictions of each Malay Ruler

within their respective states. They also cannot be charged in a court of law in their official

capacities as a Ruler. The Malay Rulers can be charged on any personal wrong doing, outside of

their role and duties as a Ruler. However, the charges cannot be carried out in a normal court of

law, but in a Special Tribunal under the purview of the Council of Rulers.

Article 74

Article 74 of Federal Constitution states that parliament may make law with referring to matters

provided in the federal list and state legislatives may make law with referring to matter provided Sample of good assignment

in the state list. Concurrent list is in the scope of enactment by both parliament and state

legislatives. State list, federal list and the concurrent list are contained in the Ninth Schedule of

Federal Constitution. If there are any contradictions between federal and state laws, the federal

law shall prevail and state law is void to the scope of inconsistency. This was provided by Article

75 of Federal Constitution.

Legislations are the laws that are established by the Parliaments at federal level and by the State

Legislative Assemblies at the state level. In Malaysia, the legislative gets its authority from the

Federal Constitution. It mentions the scope of the Parliament and the State Assembly. If the

Parliament (or any State Assembly) makes a law which is not in its scope of authority or

contradicts with the constitution, the courts can declare that as null and void.

Article 160

Article 160 of the Constitution of Malaysia defines various terms used in the Constitution. It has an

important impact on Islam in Malaysia and the Malay people due to its definition of a Malay

person under clause 2.

The article defines Malay as a Malaysian citizen born to a Malaysian citizen who professes to be

a Muslim, habitually speaks the Malay language, adheres to Malay customs, and is domiciled in

Malaysia or Singapore. As a result, Malay citizens who convert out of Islam are no longer

considered Malay under the law.

Parliament may pass the power to legislate any subsidiary legislation during emergency, even if

there are any contradictions with the Federal Constitutions involved, due to some exception in

Article 150 of Federal Constitution. The related case is Eng Keock Cheng v. Public Prosecutor.

In this case, Eng Keock Cheng who was convicted committed 2 offences during emergency

period and was ordered to put to death. He appealed on the ground that there were neither a

preliminary enquiry nor a jury adopted by High Court which were required under Criminal

Procedure Act and claimed that the procedures set out in Emergency (Criminal Trial)

Regulations 1964 was invalid as it contradicts with Article 8 of Federal Constitution. It was held

that Parliament may pass the power to legislate any subsidiary legislation during emergency, Sample of good assignment

even if there are any contradictions with the Federal Constitutions involved, due to some

exception in Article 150 of Federal Constitution. The appeal was dismissed.

In the case Karpal Singh v. Public Prosecutor, it was held that the criminal offences in

Malaysia were provided by Criminal Procedure Code of Malaysia and therefore, there is no

allowance for English law to apply.

Islamic law, which is only applicable to Muslims, is enacted under the Federal Constitution. The

state legislatures have the power and are permitted to make Islamic laws pertaining to persons

professing the Islam religion. Such laws are administered by separate court system,

Syariah Courts. State legislature also has the jurisdiction over the constitution, organization

and procedures of Syariah Courts. Now, Islamic laws are increasingly applied in banking and

land laws other than applied to family matters and estate matters. The YDPA is the head of Islam

in his home state, Penang, Malacca, Sabah, Sarawak and Federal Territories. The head of Islam

of other States is Sultan.Sample of good assignment

Question 4

"The Federal Constitution of Malaysia is the highest constitution and law in

comparison with other constitutions and laws in Malaysia. Other constitutions and laws in

Malaysia refer to the state constitutions and laws since Malaysia is a Federation of

13 states and 3 Federal Territories", after the establishment of the Federal

Territories of Kuala Lumpur,Labuan and Putrajaya consecutively . (Ibrahim

2003a:21).Chronologically, the Federal Territory of Kuala Lumpur was the first created

and then followed by Federal Territory of Labuan in Sabah, and then the Federal Territory of

Putrajaya in 2001 during the premiership of Dr.Mahathir Mohamad. The Putrajaya has become

the federal administrative capital of Malaysia. The three federal territories have neither a Malay

ruler nor a Yang Di Pertuan Negeri as their Malay religious and Malay custom heads. In other

states in Malaysia, they have either a Malay ruler or sultan or a Malay leader

called Yang DiPertua Negeri.

The states headed by Yang DiPertua Negeri in each state are Penang, Malacca,

Sabah and Sarawak. The states headed by the Malay ruler in each state are Perlis,

Kedah, Perak, Negeri Sembilan, Johor, Selangor, Pahang, Terengganu and

Kelantan. The Malay ruler or sultan is also the Islamic religious head in his state.

Meanwhile the states of Penang, Malacca, Sabah, Sarawak and the three federal

territories, their Islamic religious head is called Yang Di Pertuan Agong or the King

of Malaysia. He is selected among the Malay rulers for a period of five years in his leadership

as the King of Malaysia.

The Federal Constitution of Malaysia has granted the power and jurisdiction onto the

Malay rulers and Yang Di Pertuan Agong and their respective states for Islamic

religious affairs or matters. Muslim or Islamic courts are under the state jurisdiction

and power to bring Muslim offenders to justice in the Islamic religious matters. Muslim

courts are for Muslims only. Non-Muslims are not subject to Muslim courts

according to the Federal Constitution of Malaysia and the states constitutions in

Malaysia. The Federal Constitution of Malaysia clearly states the status of Islam and the rights

of other religions to be practiced in peace and harmony in any part of Malaysia. TheSample of good assignment

Article 3 (1) in that constitution states, "Islam is the religion of the Federal; but other

religions may be practiced in peace and harmony in any part of the Federation." (Ibrahim

2003a: 22). Based on this constitutional article, all religions and their adherents are able

to practice their religious teachings and practices in harmony and peace in any locality in

Malaysia.

In M al a ys i a , r el i gio n is n ot a b a sis o r c ri t er io n f or em plo ym e n t

ex c e pt th e employment connected to or related with the affairs of any religion or

any r e l i gi ou s in stitu ti o n o r bo d y m a n ag e d b y a p a r ti cu l ar r e li gi ous

gr o u p. Fo r ex am pl e, a Mu sli m i s r e quir e d to be c om e a n im am o r l e ad e r in

a mo sq u e, and a Christian in a church and a Buddhist in a Buddhist temple and

a Hindu in a Hindu temple. The Federal Article 8 (2), states", Expect as expressly

authorized by this Constitution, there is hall be no discrimination against citizens

on the ground only of religion, race, descent or place of birth in any law or in the

appointment to any office or employment under public authority. (Ibrahim 2003a":

23). The Federal Constitution of Malaysia differentiates between practicing and

propagating a religion in Malaysia. Everyone is allowed to practice his or her own

religion but not everyone is allowed to spread or propagate his or her religion to

other persons. Some restrictions are imposed for spreading or propagating religious

teaching members of other religions.

T h e s e restrictions are made in the state constitution and law. For example,

many s t a t e s i n M al ays i a d o not all o w no n -M usl ims t o sp r ea d o r p r op a ga te

t h ei r r el i gi on s to M us lim s i n th e i r res p e c ti v e st a t es . Mus lim s t h emse lv e s

a r e r eq ui r ed t o ap pl y f o r t h e pe r mis sio ns f rom t h ei r r es pe c ti v e st at e

r e li gi ous authorities if they want to spread Islamic teachings to other Muslims

outside t h e i r f ami l y m em b e rs . Th e st at e r el i gio us a ut ho ri ti e s d em a nd

M us lim s t o apply for the permissions because they do want to see some Muslims spread

misleading or deviating teachings on the name of Islam to other Muslims. The differentiation

made by the Federal Constitution of Malaysia between practicing and propagating a religion is

clear from t h e Ar ti cl e 1 1 (1 ) th a t states, "Every person has the right to profess and

practice his religion and subject to Clause (4), to propagate it."(Ibrahim 2003a: 23).Sample of good assignment

The Federal Constitution of Malaysia also does compel Malaysians to pay the religious

taxes. The Article 11 (2) states, "No person shall be compelled to pay any tax the

proceeds of which are specially allocated in whole or in part for the purposes of a

religion other than his own."(Ibrahim 2003a: 23) The religious taxes for the religious

purposes are imposed by the religious groups u p o n t h ei r r el i gi ou s me m b er s. Fo r

ex a mpl e , th e Mu slim s i n M al a ys i a c a n im po se t ax e s up on Mu sli ms o nl y.

T h e y a r e n o t a l l o w e d t o i m p o s e t h e r e l i g i o u s t a x e s u p o n n o n -

M u s l i m s . The non-Muslims in Malaysia a l so c a nn ot im po s e th ei r re li gio us

t ax es u po n t h e Mu sl ims . H en c e , e a ch religious community in Malaysia is

permitted to impose any tax or fee upon its members only. The U.S. Department of

State on Malaysia on International Religious Freedom R ep o rts o f 2 00 2 a n d 20 06

r e l e as e d b y t h e Bu re a u o f D e mo c r ac y, H u ma n Ri ght s, an d La b o r , cl e a rl y

a c k no wl e d ge s t h e im po rt a nt r ol e pl a ye d b y t h e Fed e r al Co ns tit uti on o f

M a la ys i a on th e q ue s tio n o f r eli gi ou s f r e e do m a nd r i ghts .

T h e 20 0 2 R e po rt sta t es , " Th e C on stit ut io n pr ov id e s fo r f re e d om

o f r eli gio n; h ow e v er , t he Go v er nm e nt p l a ce s so me r est ri ct io ns o n t hi s

r i ght . Is l a m is t he o f fi c ia l r el i gi on ; ho w e v er , th e p r a cti ce o f Is l a mi c

b e li e fs ot h e r than Sunni Islam is restricted. There was no change in the status of

respect for religious freedom during the report covered by this

report."(U.S.Deparment of State 2002). The report 2006 states,

"The constitution provides for freedom of religion; h o we v e r, th e Go ve r nme nt pl a c e s

s om e r e st ri ct io ns on t hi s ri ght . Is l a m is r e co gniz e d i n th e c on sti tut io n a s

`t h e r eli gi on o f th e Fe d e r ati on ,‟ b ut t he practice of non-Sunni Islamic beliefs

was significantly restricted, and those deviating from accepted Sunni beliefs could

be subjected to `rehabilitation‟.

Non-Muslims were free to practice their religious beliefs with few restrictions. There was

no material change in the status of respect for religious freedom during the period covered by

this report."(U.S. Department of State 2006).Both reports from the Bureau of Democracy,

Human Rights, and Labor of the U.S. Department of State admit the existence of religious

freedom in Malaysia since her constitution has provided for the religiousSample of good assignment

freedom. Both reports acknowledge that the tolerant or amicable relationship has

existed among Malaysian religious groups.

The 2002 Reports states, "The generally amicable r e l ati on sh ip amo n g b eli e v e rs

i n v ar io us re li gio ns in s o ci et y c o nt ri but e d t o r el i gio us

f r e e dom. " M e an w hil e th e 2 00 6 Re po r t s t at es , " Th e gen e r al l y t o l er a nt

r e l ati on sh ip amo n g r el i gio us gr o up s in s o c i e t y c o n t r i b u t e d t o religious

freedom."As regard the population of Muslims and non-Muslims in Malaysia, the

2002 report states, "According to government census figures, in 2000 approximately

60.4 percent of the population were Muslims; 19.2 percent practiced Buddhism; 9.1

percent Christianity; 6.3 percent Hinduism; and 2.6percent Confucianism, Taoism,

and other traditional Chinese religions." The total Malaysian population in 2002 is

said "just over 23 million" ( U . S . D ep a rt me n t of St a te 2 00 2 ). T h e 20 0 6

R e po rt st a te s, " Ac co r di n g to 2 00 0 census figures, approximately 60 percent of

the population practiced Islam; 1 9 p e rc e nt Bu dd his m; 9 pe r c en t C h ri sti an it y; 6

p e r c en t Hi nd ui sm; a n d 3 percent Confucianism, Taoism, and other traditional

Chinese religions." The t o t al p op ul at io n o f M al a ys i a i n 20 06 w as " e sti ma t ed

a t 2 5. 6 m ill io n " ( U. S.Department of State 2006).Sample of good assignment

Conclusion

On the existing provisions of the Constitution, Malaysia is not a theocratic, Islamic state. If

it is the

intention of the Government to convert Malaysia into a full‐fledged Islamic state, the following p

rovisions of the Constitution need re‐examination.

Article

4(1): This Article declares the supremacy of the Constitution. It must be re‐worded as

follows: "The shariah shall be the supreme law of the Federation and any law passed

after the coming into force of this amendment which is inconsistent with

the shariah shall, to the extent of the inconsistency, be void".Alternatively, Article

4(1) could be amended to provide: "Except in relation

to matters covered by Schedule 9, List II, Item 1, this Constitution is the supreme law

of the Federation and any law passed after Merdeka Day which is inconsistent

with this Constitution shall, to the extent of the inconsistency, be void".

Article 3(4): The provision that "Nothing in this Article derogates from

any other provision of this Constitution" should be deleted.

Article160(2): In the Constitution‟s definitional clause, the term "law" should be re‐defin

ed to include the "shariah" as part of the definition of law.

Article 11(1): This Article on freedom of religion should be amended as

follows: "Except as to persons subject to the shariah, every person has the right

to profess and practice his religion and, subject to Clause (4), to propagate it".

Schedule 9, List II, Item 1: In this paragraph, Muslim apostasy should be

mentioned explicitly as a criminal offence.

Schedule 9, List II, Item I: Instead of specifying the topics on which the States can pass

law, the States should be given general power to pass laws on

"all matters covered by the shariah."

The implications of the above changes will be that legislation and

administrative decisions inconsistent with the shariah will be open to judicial review. All

issues involving Muslims – whether criminal, civil, constitutional or commercial – will be heardSample of good assignment

by the shariah courts. The federal executive and legislature will have no jurisdiction over

Islamic matters. Islam will be the sole prerogative of the States.54Ordinary courts will

handle cases involving non‐Muslims only. There will be two legal systems – one for the

Muslim majority based totally on the shariah and

the other for the non‐Muslim minority based on secular provisions. .

How many Muslims support such a fundamental change is open to debate.

No independent public opinion poll has been conducted. Needless to say that not

all Muslims are in support of moving away from the moderate, eclectic and

all‐embracing policies of the past. On the issue of an

Islamic versus a secular state, it can be stated categorically that the Malaysian legal system is

neither fully is neither secular nor fully theocratic. It is hybrid. It permits legal pluralism. It

avoids the extremes of American style secularism or Saudi, Iranian and Taliban type of

religion control over all aspects of life. It mirrors the rich diversity and pluralism of its

population.

It prefers pragmatism over ideological purity; moderation over extremism. It walks the

middle path.

It promotes piety but does not insist on ideological purity. Muslims are governed by divinely

ordained laws in a number of chosen fields. In other fields their life is regulated

by Malay adat (custom) and by non‐ecclesiastical provisions enacted by democratically

elected legislatures. Non‐Muslims, in turn, are entirely regulated by secular laws.This milieu of

increasing Islamisation arouses great antipathy among the non-Muslim communities. But

many Muslim scholars see the resurgence of Islam as the correction of an imbalance; as a

counter to the hegemonic influence of the dominant.

Western civilisation with its massively successful appeal to hedonism, consumerism and

capitalism. It is not wrong to suggest that the rise of Islamic influences has added to and

not

subtracted from the pluralism of Malaysian society. For whatever it is worth, Islam offers an alte

rnative world‐view of economics, politics and culture.Sample of good assignment

This world‐view has to be tested in the fires of scrutiny. It has to

compete with a whole range of powerful and deeply entrenched forces from the past and

the present. At the worldstage Islam has just emerged from the shadows of the last few centuries to claim a right to compe

te for a place in our hearts and minds. In Malaysia the future is likely to see action and reaction,

pull and push and a symbiosis among the many factors and forces that have shaped and are

shaping the political, social and moral landscape in Malaysia.

Given the multi-racial, multi‐cultural and multi‐religious composition

of Malaysian society, the imperatives of coalition politics, the demands of a federal

polity, the power of the non-Malay electrote,

the 54‐year old political tradition of compromise and consensus, the increasing

democratisation of life, the greater sensitivity to human rights, the emergence of many

powerful NGOs including those espousing women's issues, the juggernaut of globalisation,

the pulls of secularism and modernism, the glitter of a capitalistic, hedonistic and

consumer‐based economy, the power of the international media to shape our values, and

the overwhelming control that Western institutions wield over our economic, cultural and

educational

life, it is unlikely that Islam will have a "walk‐over" in Malaysia and will sweep away everything

in its path. Malaysian society is, and is likely to remain, a cultural mosaic. Islam in Malaysia

will continue to co‐exist with modernity, with Malay adat (custom) and with the

dominant American and European culture that shapes our world-view, our thinking

processes and our framework assumptions. Sample of good assignment