The Federal Constitution merely declares that Islam as the religion of the Federation vide Article 3, the Islamic ceremonial and rituals clause, but, it is clearly and lucidly devoid of Islamic construction as it does not declare Islamic law or its principles to be a source of law or the main source of legislation (source of law clause) and does not make explicit the notion that laws that conflict with Islamic law or Islamic principles/precepts, however that may be interpreted, as invalid (repugnancy clause). The constitutional construction issues have been decisively and unanimously disposed off by a strong five-men bench of the brilliant and eminent Supreme Court in Che Omar Che Soh v Public Prosecutor (1988) 2 MLJ 55.
The constitutional historical construction has been expounded by the Colonial Office in June 1957 which had proceeded to prepare the parliamentary document White Paper, for British parliament to debate the "Federation of Malaya Independence Bill" on July 12, 1957, with paragraph 57 stating:
“There has been included in the Federal Constitution a declaration that Islam is the religion of the Federation. This will in no way affect the present position of the Federation as a secular State..."
Cited in Nurjaanah Chew Li Hua, "Legal Pluralism and Conflicts in Malaysia: The Challenge of Embracing Diversity," in Religious Rules, State Law, and Normative Pluralism: A Comparative Overview, eds. Rossella Bottoni, Rinaldo Cristofori, Silvio Ferrari (Switzerland: Springer, 2016), 255.
The Federal Constitution merely declares that Islam as the religion of the Federation vide Article 3, the Islamic ceremonial and rituals clause, but, it is clearly and lucidly devoid of Islamic construction as it does not declare Islamic law or its principles to be a source of law or the main source of legislation (source of law clause) and does not make explicit the notion that laws that conflict with Islamic law or Islamic principles/precepts, however that may be interpreted, as invalid (repugnancy clause). The constitutional construction issues have been decisively and unanimously disposed off by a strong five-men bench of the brilliant and eminent Supreme Court in Che Omar Che Soh v Public Prosecutor (1988) 2 MLJ 55.
BalasPadamThe constitutional historical construction has been expounded by the Colonial Office in June 1957 which had proceeded to prepare the parliamentary document White Paper, for British parliament to debate the "Federation of Malaya Independence Bill" on July 12, 1957, with paragraph 57 stating:
“There has been included in the Federal Constitution a declaration that Islam is the religion of the Federation. This will in no way affect the present position of the Federation as a secular State..."
Cited in Nurjaanah Chew Li Hua, "Legal Pluralism and Conflicts in Malaysia: The Challenge of Embracing Diversity," in Religious Rules, State Law, and Normative Pluralism: A Comparative Overview, eds. Rossella Bottoni, Rinaldo Cristofori, Silvio Ferrari (Switzerland: Springer, 2016), 255.
http://www.freemalaysiatoday.com/category/nation/2018/01/31/indira-gandhi-verdict-has-far-reaching-implications-says-ex-judge/
TT dah contact rosmah ka?
BalasPadam