Authors : Nazri Muslim, Wan Zulkifli Wan Hassan, Jamsari Alias, Norazila Mat and Abdullah Ibrahim
Abstract: The constitution is the highest source of the law for a country and every individual has to adhere to the nobleness. The purpose of its existence is to serve as the guidance in arranging and coordinating national administration. Malaysian Federal Constitution was formulated by the 1956 Reid Commission which requested for the suggestion and opinion of not only the political parties but also the public, individuals and Malay rulers. During the formulation of the constitution both the Malays and non-Malays agreed on several very important things to the national stability which referred to the social contract. In the context of ethnic relations in Malaysia, several things that are thought to be of benefit to the Malays in the Federal Constitution were balanced by other allocations that also benefit non-Malay ethnic groups. The determination of Islam as the federal religion is balanced by the freedom for every individual to embrace and practise any religion in peace and harmony. The same applies to the determination of the Malay language as the national language which is also balanced by the allocation that there is not one person that can be prohibited from using (other than for official purposes) or teach or learn any other languages. The same goes for the determination of Malay and the Sabah and Sarawak native’s special position, balanced with the fact that the government cannot revoke withdraw or lead to the termination of rights of other races. These have been considered in the formulation of the Federal Constitution which is maintaining the elements of locality referring to the special position, federal administration that refers to the ruling power in Negeri Sembilan, the socio-economic position that refers to Malay specialty in economy and education, the administration of Constitutional monarchy that refers to the position of the Institutional Monarchy’s and the position of Islam that refers to Islam as the federal religion.
Nazri Muslim, Wan Zulkifli Wan Hassan, Jamsari Alias, Norazila Mat and Abdullah Ibrahim, 2019. Malaysian Federal Constitution from Constitutional Sociology Contexts. Journal of Engineering and Applied Sciences, 14: 3761-3770.