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Reid Commission is not our constitution

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REID Commission’s Report has been used as a base of reference to prove that Malaysia is a secular state. The historical purpose of the report made by the Commission was for use by Her Majesty the Queen of England. But what about the Federal Constitution?

Is not the Federal Constitution the final version of the white papers prepared by the Reid Commission. Why do some prefer the precursor to the final product? The final result of the documents prepared by Reid Commission is the Federal Constitution. In article 3(1), the Federal Constitution reads, “Islam is the religion of the federation;”. Being the religion of the Federation carries more weight than merely being the “Official Religion”.

Any book that mentions Islam as the “official religion” would need to provide the proof. It is definitely not written anywhere in the Supreme Law of Malaysia. We need to be realistic in terms of claims pertaining Islam. In Article 37 the Yang di-Pertuan Agung (YDPA) swears in the name of Allah Almighty to protect Islam at all times.

The meaning of this oath is simple, it is to make sure that Islam and Muslims are taken care of within the borders of Malaysia. The argument that Islam is only for ceremonial purposes does not hold water in reference to this oath.

How is Islam ceremonial when the YDPA swears to uphold Islam in the name of Allah Almighty? The role of the Kings in Malaysia is quite different from that of those in other nations. Some nations have Kings as mere symbols that bestow titles. That is not the case for Malaysia. The King does have duties and roles that need to be fulfilled.

We have Islamic Religious Departments, we have Islamic schools under state sponsorship, and other reasons to believe that Islam is more than a ritual in this country. The Federal Constitution is very much in the spirit of the Madinah Charter. Though not explicitly mentioned, we can find many similarities.

Such as the nation being a Muslim nation, freedom of religion, Syariah laws to be enforced upon Muslims only, the head of State is responsible to protect Islam and son on. Those who still confide by “the constitution is being silently rewritten” are clearly not aware about the spirit of the constitution.

How can the constitution be rewritten when it was devised to be in the spirit of Islam? It would not be accurate for someone to claim creeping Islamisation. This is because in essence the birth of this very nation was based on the principles of Islam.

However can surely say the opposite is true. Efforts to portray Malaysia as being a secular liberal democracy is definitely an effort to rewrite the Federal Constitution. The position of Islam can be seen clearly, when Islam is the only religion mentioned by name in the Federal Constitution.

For those who are not clear on the role of Islam in this nation are invited to seek from the learned.

Rehan Ahmad Bin Jamaluddin Ahmad
Research Fellow, Institut Kajian Strategik Islam Malaysia (IKSIM)

Disclaimer: The views expressed in this article are those of the author and do not necessarily represent the official views of, and should not be attributed to, Isma or Ismaweb.

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