Mandatory Muslim PM law against Federal Constitution, says expert
By Shazwan Mustafa Kamal, The Malaysian Insider
KUALA LUMPUR, May 8 — The Federal Constitution does not require a Muslim prime minister to helm the government, and any such provision would be against Malaysia’s laws of equality, a law expert asserted today.
“To insert a provision requiring the PM be Muslim would run counter to the provision of equality enshrined under Article 8 of the Federal Constitution,” said Prof Abdul Aziz Bari.
Aziz was responding to a statement made yesterday by lawyer Datuk Zainal Rejal who had charged that the prime minister must be a Muslim, even though there are no legal provisions as to the race or ethnicity of the PM in the Constitution.
Zainal, who was a speaker at a forum organised by The Muslim Organisations in Defence of Islam (Pembela), said a non-Muslim prime minister would not be able to advise the King on Islamic matters.
“The PM must be a Muslim. Or else he cannot advise the Yang di-Pertuan Agong on Islamic matters … how can you have a non-Muslim advise the Agong on Islamic matters?” Zainal had said.
In response, Aziz said that the only way the current provision could be amended was through a two-thirds majority vote in Parliament.
The constitutional expert explained that there was no need for the prime minister to be a Muslim because Islam was a matter of the state and the Yang di-Pertuan Agong is not the head of Islam for the entire federation.
“One must not forget that in the Malay states the corresponding position has been stated clearly: that MB — but not chief minister — must be a Malay and a Muslim. Similarly the Constitution has made it clear that the state secretary must be a Malay and a Muslim.”
The Federal Constitution does not expressly specify race or religious requirements for the position of prime minister. Article 43(2)(a) of the constitution states only that the Yang di-Pertuan Agong shall appoint as PM a member of parliament who in his judgment is likely to command the confidence of the majority of the Dewan Rakyat.
