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

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

3. 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

4. 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

5. 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

6. 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

7. 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…

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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:

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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