by Joseph M. Fernando, Lecturer in the Department of History at the University of Malaya, in Journal of Southeast Asian Studies, 37 (2), pp 249-266 June 2006. Printed in the United Kingdom.
© 2006 The National University of Singapore doi:10.1017/S0022463406000543.
The Federal Constitution of Malaysia states that Islam is the religion of the Federation. This provision in Article 3(1), inserted in 1957 when the independence constitution was framed, has drawn considerable scholarly attention in recent years. Most of the studies, however, have not been able to consult the primary constitutional documents. Invariably, many have given varied and ambiguous interpretations of the provision. This article examines the primary constitutional documents and constitutional debates between 1956 and 1957 to trace the origin of Article 3(1) and to determine the intentions of the framers in inserting this provision in the constitution.
Article 3 (1) of the Federal Constitution of Malaysia states that Islam is the religion of the Federation. 1 This provision has drawn considerable debate in recent years from scholars, politicians, lawyers and the general public in Malaysia. Varied interpretations of the article have surfaced in recent years and the provision in the Federal Constitution continues to be widely debated from time to time because of its perceived ambiguity.
Most scholarly work on the issue, however, has been based on information derived from a reading of the published material available on the Constitution - the report of the Reid Constitutional Commission, 2 the White Paper on the Constitutional bill, 3 Parliamentary proceedings, newspaper reports and judgements handed down by the courts in the post-independence period. None of the existing works have examined adequately the primary Constitutional documents to ascertain the intentions of the framers. ”Continued”