Chapter 6: Important Provisions in the Malaysian Federal Constitution Malaysian Studies Chapter 6: Important Provisions in the Malaysian Federal Constitution

In this chapter, we will touch on several important provisions in the Federal Constitution, such as: Language Religion Citizenship Basic Rights

National Language Most important factor in determining a country’s identity National Language is needed for general communication and official matters Article 152 of the Federal Constitution

National Language Why use the Malay Language? Lingua franca for this region for centuries Easier to learn than other languages – widely used by the people Not much differences in dialects compared to other languages Uses romanised letters besides Jawi Clear phonemes – easy to spell and pronounce

National Language What does the Constitution say? Malay language is the the National Language No one will be prohibited to use, teach or learn other languages The government has the right to maintain the use and learning of other community’s language in the Federation

Sultan/King is the head of Islam in their state Religion This is covered in Part I, Chapter 3 of the Federal Constitution. It clarifies that: Islam is the official religion but people can still practice the other religions (freedom of worship) Sultan/King is the head of Islam in their state YDPA is the head of Islam in non-Sultan states and the Federal Territories

Some of these rights include: Citizenship Citizenship: a special status held by people who have the right to be in a country Some of these rights include: Voting rights, fill a post reserved for citizens only, own landed property, welfare & education benefits, freedom to move anywhere within the country and the right not to be exiled However…

To get these rights, you must be ready to: Citizenship To get these rights, you must be ready to: Serve country, abide to laws and help run systems in the country, contribute to country’s productivity and participate & support national programs and events

Citizenship How do you get your citizenship? JUS SOLI Citizen thru laws of birth place Must be born in Malaysia between 31/8/1957 and October 1962 For those born after October 1962, they can become citizens if: Mother or Father a citizen At time of birth, Mother or Father resides in Malaysia At time of birth, (s)he was not a citizen of any country

Citizenship How do you get your citizenship? JUS SANGUINIS Citizenship thru blood descent Depends on the Father’s citizenship Even if the child wasn’t born in Malaysia, the child can still be a citizen if the Father is a Malaysian. Only applicable if: Father born in Malaysia OR holds a post in Public Service OR the child’s birth was registered at the Malaysian Consulate / Government within 1 year after birth

MARRIAGE / REGISTRATION Citizenship How do you get your citizenship? MARRIAGE / REGISTRATION Gives right for foreign woman who marries a Malaysian citizen Must fulfill one of these conditions: Husband is citizen in October 1962 or prior and marriage is still binding OR the woman lives in Malaysia for two years before applying and registering To apply, must have the intention to continue living in Malaysia, of good conduct, knows basic Malay language, takes an oath of allegiance to Malaysia

Citizenship How do you get your citizenship? NATURALISATION Applies to residents who are not born in Malaysia Conditions: Aged 21+ Lives in Malaysia for at least 10/12 years before applying Intends to live permanently in Malaysia Good conduct Have sufficient knowledge of the Malay language

Citizenship How do you get your citizenship? MERGING OF STATES Simplest way If another country joins Malaysia, its’ people becomes citizens automatically Eg: Singapore, Sabah, Sarawak

Citizenship Termination of citizenship Two ways: Voluntarily Rejects it for personal reasons Government termination The government has the right to terminate a person’s citizenship if he violates the citizenship laws and/or committed a prohibited action, such as:

Citizenship Becomes a citizen of another country (+21 years old) Enjoying rights and facilities exclusive reserved to another country’s citizen (passport, voting) A woman that becomes a citizen by marrying a man from a foreign country Shows not longer loyal to Malaysia Has business ties to a hostile country Gives service to another country without Malaysia’s consent Citizenship falsely obtained

Citizenship Lives continuously for >5years in another country unless in service with or on behalf of the Malaysian government Sentenced in jail >12months or fined >RM5000 within 5 years after obtaining citizenship thru application For citizenship thru marriage, if the husband divorces her, the citizenship status is gone. Exception – if husband passed away

Basic Rights The Federal Constitution gives and protects our basic rights These rights are seen as freedom Two forms of freedom – fundamental (ultimate) and conditional Fundamental freedom includes freedom of worship, personal freedom and economic freedom

Basic Rights “Every person is free to speak, have meetings, and form associations but this freedom is restricted by Parliament if it is deemed important for the security of the country or the peace and the moral good of all” M. Saleh Abas (1988:52) For each fundamental freedom, there are limitations set that makes it conditional Here are the things that shows fundamental freedom and what makes them conditional

Fundamental Conditions Life Bound by law Free from slavery Parliament can call you to serve the country anytime Once proven innocent by trial, cannot be tried Unless High Courts schedules a re-trial Protected by law Limited to Federal Constitution Freedom to move and go anywhere Unless restricted by law Freedom of speech Unless involves national security Wealth and property Unless law warrants it

Protects special rights of Malays and Bumiputeras of Sabah and Sarawak Special Provisions Article 153 Protects special rights of Malays and Bumiputeras of Sabah and Sarawak Aim: to bring both Malays and Bumiputeras to the same economic and education status as the other races

Conclusion The Federal Constitution outlines our country and her people’s rights and limitations Each aspect was thoroughly assessed, researched and agreed by all before being implemented, thus ensuring peace and harmony