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:LanguageReligion

CitizenshipBasic 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 JawiClear 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

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 stateYDPA is the head of Islam in non-Sultan states

and the Federal Territories

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 exiledHowever…

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 placeMust be born in Malaysia between 31/8/1957 and

October 1962For 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 descentDepends 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

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 MalaysiaConditions:Aged 21+

Lives in Malaysia for at least 10/12 years before applying

Intends to live permanently in MalaysiaGood conduct

Have sufficient knowledge of the Malay language

Citizenship

How do you get your citizenship?MERGING OF STATES

Simplest wayIf another country joins Malaysia, its’ people

becomes citizens automaticallyEg: Singapore, Sabah, Sarawak

Citizenship

Termination of citizenshipTwo ways:Voluntarily

Rejects it for personal reasonsGovernment 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 MalaysiaHas 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

governmentSentenced in jail >12months or fined >RM5000 within 5 years after obtaining citizenship thru

applicationFor 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 freedomTwo forms of freedom – fundamental

(ultimate) and conditionalFundamental 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 slaveryParliament 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 lawLimited to Federal

Constitution

Freedom to move and go anywhere

Unless restricted by law

Freedom of speechUnless involves national

security

Wealth and property Unless law warrants it

Special Provisions

Article 153Protects 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 limitationsEach aspect was thoroughly assessed,

researched and agreed by all before being implemented, thus ensuring peace and

harmony