Islam as the religion of the Federation – a historical background
Art Harun
Much have been said lately about Islam being under siege and an alleged plot to turn Malaysia into a “Christian state.”
This of course led to the inevitable lodgment of multiple police reports in various states by the usual suspects and various other parties. Soon I suppose we will have a demonstration by some people with suitable props, like a severed cow head or most likely a burning large crucifix, this time around.
Welcome to Malaysia ladies and gentlemen. It is nice and hot, and not to mention hazy nowadays. And when it is hazy, we, Malaysians go a bit bonkers.
There are some on tweeters who actually defended Utusan Malaysia and its ilk. There are also many who condemn them, including Malays and Muslims. I have nothing to say to them.
All I want to add is this. If we think ourselves as leaders, we’d better lead. Not follow. As leaders we have to come down hard on wrong-doings – on both side of the fence – and we also have to show the way. It is not enough going around town meeting flag-waving school children amidst huge posters and banners bearing nice catchy slogans while closing our eyes to bigotry; irresponsible acts of goons and political thugs as well as some disgruntled Mafiosi chiefs spewing hate message.
As leaders, we should at all time lead. And lead not only by words and catchy tuneful and sexy slogans, but also by deeds. Otherwise, we would have failed as leaders. Otherwise, we would have breached our oath of office. Otherwise, we would have breached our fiduciary duties. Otherwise, we would have breached the trust given to us by the people.
Meanwhile, a learned friend of mine, Syahredzan Johan, today issued a statement that Malaysia has no official religion. That is his reading of the Federal Constitution. He might be correct. He might be wrong. One thing is clear though, not many of us Malaysians read the Federal Constitution. And I am sure some people in Utusan Malaysia have never ever even seen a copy.
In my opinion, the true meaning of Article 3 of the Federal Constitution could only be known if, apart from reading the provision, we also study the historical background of the said article. The purpose of this post is to do just that.
Article 3:
(1) Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.
(2) In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observance or ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorize the Yang di-pertuan Agong to represent him.
(3). The Constitution of the States of Malacca, Penang, Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong shall be Head of the religion of Islam in that State.
(4) Nothing in this Article derogates from any other provision of this Constitution.
Historical Background
During the fact finding mission by the Reid Commission (the Commission which was entrusted by the British to draft our Constitution), the Alliance (the precursor to Barisan Nasional) presented a 20 page memorandum to the Reid Commission. On Islam, the memo says:
“The religion of Malaysia shall be Islam. The observance of this principle shall not impose any disability on non-Muslim nationals professing and practising their own religion, and shall not imply that the State is not a secular State.”
After 118 meetings, the Reid Commission wrote its report in Rome and published it in February 1957. On the position of Islam, it says:
