LESSON 7
MAIN PROVISIONS IN THE FEDERAL CONSTITUTION OF MALAYSIA
1.0 Introduction
In the name of Allah, Most Gracious, Most Merciful
In previous lesson, you learnt that the constitution is the basis of the sovereignty of the country.
By now you should have already understood the concept of the Constitution and it supremacy.
However, we haven’t gone through yet the main provisions in the Constitution. For your
information, there are several provisions which are considered as sensitive and cannot easily be
amended. Have you come across all those main provisions? If not, let us see what those main
provisions are. This lesson will explain to you those main provisions.
2.0 Learning Outcomes
By the end of the lesson, students should be able to:
1. Identify the main provisions in the Constitution
2. Explain the main provisions
3. Discuss the significance of the main provisions to the country
3.0 List of Topics
3.1
3.2
3.3
3.4
The Official Language of the Country
The Official Religion of the Federation and Status of other Religions
The Special Rights of the Malay Rulers
The Special Status and Privilege of the Malays and Bumiputras and Rights of the Other
Races
3.5 The Citizenship
3.6 Special Protection for Sabah and Sarawak
3.7 The Basic Freedom of the Citizens
4.0 Terminologies
4.1 Lingua Franca
A language used as a common language between speakers whose native languages are
different.
4.2 Jawi
The original manuscripts of the Malays
4.3 Prosecution
The prosecuting of someone in respect of a criminal charge
4.4 Jus Soli
A principle that a person's nationality at birth is determined by the territory within which he
was born
4.5 Outrage
An extremely strong reaction of anger or indignation
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5.0 Topics
5.1 The Official Language of the Country
5.1.1
Presentation
Do you know what the official language of the country is? The official language of the
country is Malay language. Article 152 of the Federal Constitution states that national
language is bahasa Melayu (Malay language) and the language shall be used for all
official purposes and the people are free to learn other languages. It means, even though
Malay language is the official language of the country, other languages can be taught and
learnt in this country. In fact, the government highly encourages its citizens to learn and
master more than one language.
Do you know why Malay language was chosen as the official language of the country? It
is related to the history of the usage of the language in this region. For your information,
Malay language has become the lingua franca since the time of golden age of the Malay
Malacca Kingdom. The language was used by traders from all over the world who came
to Malacca for trading activities. In fact, at the time the British colonization, the NonFederated Malay States (NFMS) had made Malay language as the official language.
Interestingly, minutes of government meetings were written in Jawi. Beside the historical
part of the language, the struggle and effort of the Malay leaders who fought for the
status of the language before independence also cannot be forgotten. They requested
from the British government to recognize the language as the official language of the
country as it is the language of the original inhabitant of the country that is Malays. The
peak of the success in making Malay language as the official language is the
establishment of National University of Malaysia (Universiti Kebangsaan Malaysia) in
1970.
The status of the national language cannot be questioned by all parties in the country. It
is stated in the 1971 Constitution Act (amended). Those who question the status of Malay
language as the national language could be accused as committing an offence under the
Incitement Act 1948 (Akta Hasutan).
5.1.2
Activities
From your observation as a citizen of the country or as a foreigner who has been staying
in the country, do you see that the status of Malay language as the national language is
appreciated by its citizen? Can you provide any evidence to your answer?
5.2 The Official Religion of the Federation and Status of other Religions
5.2.1
Presentation
Islam is the official religion of the country. It is stated in Part 1, Chapter 3 (1) of the
Constitution. However, other religions are allowed to be practiced in peace and harmony
in the country (Article 1). The YDPA is the head of Islam at the federal level and head of
the religion for the states without a sultan or ruler or Yamtuan Besar Negeri. Meanwhile,
sultans or ruler or Yamtuan Besar Negeri is the head of Islam in the state concerned
(Article 2).
5.2.2
Activities
From the discussion above, can you list down the states in which the head of Islam is the
YDPA?
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5.3 The Special Rights of the Malay Rulers
5.3.1
Presentation
Do you know what the privileges that the Constitution grants to the YDPA and Malay
rulers are? For your information, there several privileges granted by the Constitution to
the Malay rulers. Let us see together their privileges in this country:
a) Cannot be Charged in any Court of Law
What does it mean? It means the YDPA and Malay rulers are immune from any
prosecution in any court of law. In Negeri Sembilan, the officials who rule their
respective territories such as Undang and Luak are also immune from court
action on their conduct.
b) Order of Priority
The Constitution also states that the YDPA and other Malay rulers are given
priority over all subjects in the country starting from the date they ascend the
throne. Do you notice the priority given to them on the road?
c) Rights of Inheritance
A ruler of a state possesses the right to inherit, hold, enjoy and carry out special
privileges in his state. It is stated in the Article 71 of the Constitution. However,
the rights are determined by the State’s Constitution. Any disputes on inheritance
are decided by the authoritative parties and are solved according to provisions in
the State Constitution.
d) No Amendment without the Consent of the Council of Rulers
Any provisions in the Constitution related to Council of Rulers (Majlis Raja-Raja),
order of priority and the rights to inherit the throne of the state cannot be
amended unless the Council of Rulers approve it. Thus, what we can understand
here is that there are no laws in the country that can immediately affect the
privileges, status, nobility or greatness of the rulers without the consent of the
Council
5.3.2
Activities
Could you find out the other practices of ‘Order of Priority’ given to the Malay rulers in an
occasion? List them out.
5.4 The Special Status and Privilege of the Malays and Bumiputras and Rights of the
Other Races
5.4.1
Presentation
Just now, we discussed about the special rights and privileges of the Malay Rulers. Now,
let us see the special status and privileges of the Malays and Bumiputras of Sabah and
Sarawak. Before that, who are the Malays and Bumiputras of Sabah and Sarawak? Do
you know them?
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Article 160(2) of the Federal Constitution defines Malay as someone who:
a)
b)
c)
d)
e)
f)
g)
is a Muslim
habitually speaks the Malay language
practices Malay customs
was born in Malaysia or Singapore before the independent day
whose parents were born in the Malaysia or Singapore
is on domiciled in Malaysia or Singapore on independent day
is descended from someone defined above
While, Article 161A refer to the Bumiputras (indigenous) in Sabah and Sarawak as:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
q)
r)
s)
Bisayah
Bidayuh (Land Dayak)
Lugat
Melayu
Penan
Kalabit
Tagal
Kenyah
Bukitan
Iban (Sea Dayak)
Melanau
Murut
Kadayan
Sian
Kayan
Tabun and Ukit
Dusun
Kajang
Lisum.
Those people above deserve their special rights and privileges in this country. Those
privileges cannot be questioned by any parties in the country or otherwise, they could be
accused as committing an offence under the Incitement Act 1948 (Akta Hasutan). The
YDPA is empowered by the Constitution (Article 153) to preserve the special rights of the
Malays in the Peninsular. However, His Majesty YDPA cannot revoke the rights of other
races and give them to the Malays and the Bumiputras of Sabah and Sarawak.
Below are among the privileges:
a) The entry quota into the public sector (civil servant) and institutes of higher
learning
b) Scholarships
c) Opportunities to get business license and permits
Why the Constitution preserves the special rights of the Malays and Bumipurtras of
Sabah and Sarawak? What are the rationales behind the preservation? Actually, the
preservation of the special rights is related to the history. Do you still remember the era of
the British colonization? The British when they colonized the country, they brought in
foreign labourers in mass to work in tin mining and rubber sectors. The foreigners
especially Chinese managed to strengthen their economic status and control the
economy due to the British’s divide and rule policy. Thus, the Malays felt threatened with
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the migration of the foreigners. That is why the Malays became outraged when the
Malayan Union did not take into consideration of their rights and privileges as the original
inhabitants of the country. They strongly opposed the Malayan Union and reclaimed their
rights during the formation of the Federation of Malaya 1948.
In order to ensure that the Malays were not left far behind, the government at that time
was forced to find a way and the best way was to preserve the rights of the original
inhabitants (the Malays and Bumipurtras of Sabah and Sarawak) of the country. The
preservation of the rights and privileges aimed at avoiding discrimination, competition and
conflict among the races.
5.4.2
Activities
Can you think over what will happen if there is no preservation of the rights and privileges
of the Malays and Bumipurtras of Sabah and Sarawak? Is there any disadvantage of the
preservation of the Malays and the Bumiputras?
5.5 The Citizenship
5.5.1
Presentation
The issue of citizenship is also crucial for an independent and sovereign country like
Malaysia. Thus, it becomes one of the main provisions of the Federal Constitution. The
aspect citizenship is stated in Article 14 to 22, Part 3. For Malaysian students (citizens),
do you aware the way you obtain the citizenship of Malaysia? For foreign students, do
you aware that you also can be a citizen of the country? You can but you have to fulfill
the conditions of being citizenship.
Do you know how the citizenship is awarded? There are four ways in which the
citizenship is awarded. It is through:
a)
b)
c)
d)
Enforcement of law
Registration
Migration or application
Migration or application
Enforcement of Law
Through this way, the citizenship is awarded to the following categories of people:
a) Those who were born before Malaysia Day (16 September 1963) including their
children even if their children were born abroad
b) Those who were born in Malaysia or abroad after Malaysia Day with conditions
that the parents are citizens or permanent resident of the country at the time of
his/her birth
c) Those who were born in Malaysia including in airspace or on waters of Malaysia
with condition that his/her birth is registered in Malaysia
Through Registration
By this way, a person can apply to be a Malaysian citizen if he/she is:
a) A wife or child of a citizen, but with condition that:
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(i)
Residing in Malaysia for two years before the application is made and has
intention to continue residing in Malaysia
(ii)
Good conduct
b) An individual aged less than 21 years, with the following conditions:
(i)
If one of the parents is a citizen
(ii)
He/she is born before October 1962
c) An individual aged 18 years or above, was born in Malaysia before the
Independence Day provided:
(i)
He/she can prove his/her residence in Malaysia for five years out of seven
years before application
(ii)
Has intention to be a permanent resident of Malaysia
(iii) Possesses simple understanding of Malay language
(iv) Good conduct
d) An individual aged 18 years or above, residing in Sabah & Sarawak on Malaysia
Day with the following conditions:
(i)
Residing in Malaysia before Malaysia day
(ii)
After Malaysia Day, residing in Malaysia for seven years before he/she
makes application
Migration or application
This way is applied onto foreign citizens in which those who aged 21 years and
above can apply to be a citizen of Malaysia. The following conditions must be fulfilled:
a) Has been residing in Malaysia for ten to twelve years before making application
b) Has intention to be a permanent resident of the Federation
c) Good conduct
d) Has understanding of Malay language
Territorial Merger
If in the future, Singapore or Brunei will become a new territory of Malaysia, can the
citizenship of Malaysia is granted to the people? Yes, the citizenship can be granted.
It is stated in Article 23 that states if a new territory enters Malaysia, the Parliament
has the power to decide on granting citizenship to the people of Singapore and
Brunei.
For your information, the granting of citizenship through this way was implemented
previously based on historical factors, as follows:
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a) Citizens of Singapore
b) Citizens of the United kingdom and other colonies
c) Permanent residents in Sabah and Sarawak
As the citizenship can be granted to an individual, he/she is also will lose the citizenship.
Do you know how a citizen will lose his/her citizenship? There are two ways. First, he
himself rejects the citizenship. It is called losing citizenship by renunciation. Second, he
has violated the laws and committed any of the following prohibited actions:
a) He has become a citizen of another country
b) He is enjoying all the rights and facilities in another country just like a citizen of
the country. For example, he can vote in the foreign country’s elections or
possesses a foreign passport
c) A woman becomes a citizen of a foreign country through marriage with a man
from the country concerned
d) Acts negatively showing he is no longer loyal to Malaysia
e) Has business or ties with a hostile country
f) He is imprisoned for more than 12 months or fined more than RM 5,000 within a
period of five years after becoming a citizen of the country
5.5.2
Activities
If a foreign citizen has resided in Malaysia for 5 years and has children who were born in
Malaysia, can he and his children being granted the citizenship? Discuss.
5.6 Special Protection for Sabah and Sarawak
5.6.1
Presentation
For your information, Sabah and Sarawak have special attention in the Federal
Constitution in which other states do not have. The special attention given to both states
makes both states differ from other states in several situations. The Federal Constitution
gives wider powers compared to other states of the Peninsular. For instance, in several
cases, the directives from the Federal government cannot be executed in both states
without the consent of the state laws or the respective Yang Di-Pertua Negeri. Below are
among the examples that make Sabah & Sarawak differ from other states:
a) Changing of number of members of Dewan Rakyat (House of Representative)
from Sabah and Sarawak.
Currently, the number of members of Dewan Rakyat from Sabah is 25 while from
Sarawak 28. If the Parliament wants to change the number, the consent of Yang
Di-Pertua Negeri from both states must be sought first.
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b) Immigration of citizen from Peninsular to both states
Basically, all citizens are free to travel from one state to another and to reside in
any state. However, the Constitution grants power to both states to prevent the
entry of Malaysians from the Peninsular to both states.
c) Land laws
Article 89 of the Federal Constitution states the Parliament has power to
standardize the land laws and policies on land matters. However, Sabah and
Sarawak are not affected by the article. Also, Sabah and Sarawak have fully
authority to create Malay reserve land but the other states do not have such
authority.
d) Financial Matters
Sabah and Sarawak can borrow money from any parties in Malaysia, upon
approval by Bank Negara. However, other states can borrow money from the
Federal government and any authorized bodies determined by the federal
government only.
5.6.2
Activities
Find out the articles in the Federal Constitution that mention about the special attention
on the matters which have been discussed above. You may search the Federal
Constitution from Google by typing “Federal Constitution of Malaysia” (download the pdf
copy).
5.7 The Basic Freedom of the Citizens
5.7.1
Presentation
The Constitution guarantees the basic freedom of all citizens. It can be found in Part 2 of
the Constitution. Among the freedoms are:
a) Freedom of worship
Every citizen has the right to practice a religion. However, state laws can restrict faith
or beliefs among Muslims.
b) Freedom from slavery and forced labor.
According to Article 6, no one can be detained as a slave. All kinds of forced labor
are prohibited. However, forced labour can be enforced on prisoners as a form of
punishment, thus it is not looked as a forced labour.
c) Freedom from abuse of the law.
No one can be punished if his action is not considered as an offence in the eyes of
the law. However, nobody can take the law in his or her own hand.
d) Individual freedom
Everybody is entitled to his or her own freedom. If a person is arrested, he must be
informed the reason of the arrest at that time he is arrested. Also, he must be brought
before a magistrate within 24 hours of the arrest. He must be allowed to appoint a
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lawyer of his own choice. However, if he is arrested under ISA (International Security
Act), he needs not to be brought before a magistrate.
e) Freedom to speak, to assemble and to form associations.
All citizens are free to speak out their minds, to assemble and to form a union but the
Parliament can restrict the freedom. For example, if the citizens assemble or form
union to question the special rights of the Malays of the status of the national
language, they can be detained under ISA.
f)
Freedom to own property
The citizens also can own wealth or property as much as they want provided the
property is earned according to the law. No citizen can be deprived of his or her
property except under the law. Adequate compensation must be paid for any
property that has been wrongly seized.
g) Freedom from exile and restriction of movement
All citizens have the right to move freely and live in any part of the federation.
However, restriction can be imposed due to national security, public order or as a
punishment to criminals.
5.7.2
Activities
From your observation throughout your stay in Malaysia and of being its citizen, to what
extend the basic freedom of the citizens are protected in the country? Discuss.
6.0 Lesson Summary
In this topic, you are exposed to the main provisions in the Constitution. Among others,
those provisions relate to the national language, status of the Malay Rulers, status of the
Malays, status of Islam, basics freedom of the people, citizenship and special attention to
Sabah and Sarawak. This topic has shown the uniqueness and comprehensiveness of the
constitution. It is relevant to the multi-racial society and the system of government which is
practiced in the country. It is stable as the Constitution was drafted based on the give and
take spirit among the leaders from various races. The Constitution has managed to sustain
the peace in the country.
7.0 Self Assessment
7.1 Which of the following is the fundamental freedom of any citizen of Malaysia as provided by
the Federal Constitution?
A.
B.
C.
D.
To deprive of someone else’s property
Freedom to own any kind of property
Freedom to do anything against the law
Free to speak our mind, to assemble and to form a union
Answer: D
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7.2
Islam as official religion.
Citizenship
CONSTITUTION OF MALAYSIA
Bahasa Melayu as the
national language.
X
Stated above are among the main provisions in the constitution of Malaysia.
What is X?
A.
B.
C.
D.
High Council.
Human’s rights.
Dual citizenship.
Special position of Malays and indigenous people in Borneo.
Answer: D
7.3 Malay language is made as the national language because Malay language ___________
A.
B.
C.
D.
Is the language of the original inhabitants of the country
Is richer with vocabulary than other language
Has two forms of writing that is jawi and roman
Was the lingua franca of the region at that time
Answer: D
7.4 The following statements are true about the basic freedom of the Malaysian citizens except
_____________
A.
B.
C.
D.
A person who is arrested must be informed the reason of the arrest
A person who arrested under ISA is allowed to appoint a lawyer
A person cannot be exiled except according to the law of the country
A person is allowed to speak, assemble and form an association
Answer: B
7.5 The ways of granting citizenship to a person are through ___________
I.
II.
III.
IV.
A.
B.
C.
D.
Operation of law
Registration
Territorial merger
Migration or application
I and II only
I, II and III
III and IV
All of the above
Answer: D
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7.6 Which of the following are cases of which a Malaysian citizen will lose the citizenship?
I.
II.
III.
IV.
A.
B.
C.
D.
He has become a citizen of another country
Acts negatively showing he is no longer loyal to Malaysia
Has business or ties with a hostile country like Israel
A woman becomes a citizen of a foreign country through marriage with a man from
the country concerned
I and II only
I, II and III
III and IV
All of the above
Answer: D
TRUE FALSE TYPE OF QUESTION
1. The Federal Constitution of Malaysia is a type of written law of Malaysia. T / F
Answer: T
2. Laws which are enacted by Parliament are considered as written law of Malaysia.
T/F
Answer: T
3. Any citizen who questions the special privileges of the Malays can be charged under
the Incitement Act (1971).
T/F
Answer: T
4. The special privileges of the Malays and indigenous people of Sabah and Sarawak are
guaranteed by Yang Dipertun Agong. T / F
Answer: T
5. Under Federal Constitution, there are four ways by which a person can be a citizen of
Malaysia. The four ways are by operation of law, by registration, by application and
by renunciation.
T/F
Answer: F
6. A citizenship of a person can be terminated through two ways, i.e by revocation and
through territory merger.
T/F
Answer: F
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7. Ahmad Albab is a Malaysian and he can vote in general election in Malaysia.
However, at the same time he also can vote in Thailand. Looking at his status where
he exercises two rights of citizenship, the Malaysian government has the right to
terminate his Malaysian citizenship.
T/F
Answer: T
8. Abdul Wahub is 20 years old. He can terminate his Malaysian citizenship by
declaring to the Malaysian government that he does not want to be a Malaysian
citizen anymore after getting married with Mek Jenab from Bangladesh.
T/F
Answer: T
9. After five years being a Malaysian citizen, Castelo was caught by policemen in his
attempt to steal a Coconut shirt at Gagal Jusco supermarket in Pasir Bedengung. He
was fined RM5,000 for the crime that he committed. In this case, his citizenship can
be terminated by Malaysian government.
T/F
Answer: T
10. Anyone who is born after Malaysia day (16th Sep. 1963) is automatically becomes a
Malaysian citizen if his father is a citizen of Malaysia at the time of his birth. T / F
Answer: T
11. The father of Gunawan is a permanent resident (PR) in Malaysia. He came to
Malaysia to work in 2005. Gunawan was born in January 2006. In this case, Gunawan
is automatically becomes a Malaysian citizen because his father is a permanent
resident of Malaysia at the time of his birth.
T/F
Answer: T
12. Penan and Kalabit are not indigenous people of Sabah and Sarawak and thus, are not
bumiputra in Malaysia.
T/F
Answer: F
13. If you are suddenly arrested by a policeman, you do not have right to ask the
policeman the reason why you are arrested because you must respect the policeman
who carries out his job.
T/F
Answer: F
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