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The Position of Islam in the Constitution of Malaysia

Published online by Cambridge University Press:  15 May 2006

Joseph M. Fernando
Affiliation:
The Department of History at the University of Malaya, Kuala Lumpur. He may be contacted at jmfernando@um.edu.my

Abstract

The Federal Constitution of Malaysia states that Islam is the religion of the Federation. This provision in Article 3(1), inserted in 1957 when the independence constitution was framed, has drawn considerable scholarly attention in recent years. Most of the studies, however, have not been able to consult the primary constitutional documents. Invariably, many have given varied and ambiguous interpretations of the provision. This article examines the primary constitutional documents and constitutional debates between 1956 and 1957 to trace the origin of Article 3(1) and to determine the intentions of the framers in inserting this provision in the constitution.

Type
Articles
Copyright
2006 The National University of Singapore

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