Seminar on Malaysia: Islamisation, the Constitution and the Road Ahead

Friday, 24 February, Emeritus Professor Shad Saleem Faruqi (right), holder of the Tunku Abdul Rahman Chair in Law at the University of Malaya, Kuala Lumpur, delivered a presentation on Islam and the Malaysian constitution chaired by Dr Norshahril Saat (left), Fellow, ISEAS – Yusof Ishak Institute.

Prof Shad observed several trends in the areas of law and politics which in some instances, contradicted the original intent of the drafters of the constitution. He observed that since the 1980s, states are enacting legislation in areas which do not fall within their areas of control. Professor Shad, who has taught in Malaysia for decades, and mentored many respectable lawyers, used the analogy equating Islam to a mansion with many rooms. Yet, he observed that of late, the religious elites in the country reflect conservatism. During his talk, some of the issues discussed include the hudud law debate, the viability of the ACT 355 (Syariah Courts) amendments, and fatwas banning non-Muslims using certain Arabic words.

A more pertinent point he discussed was whether Malaysia is a secular or an Islamic state, where he opined that Malaysia is a combination of both. However, the crux of the problem is that state courts are passing judgements on crime which should be under the jurisdiction of the federal courts. He clearly delineate the areas of jurisdiction between the federal and state governments. The session concluded with a Q&A, in which many questions are raised about the way forward for Malaysia in the legal arena, including the quality of judges. Some also asked whether there are progressive individuals who will lead the country in the future. Prof Shad was confident that there are pluralist voices in Malaysia.

Close to 60 people attended this seminar.