Malaysia is a secular state, reiterates Karpal

Specific provisions about Islam and the lack of the word “secular” in our federal constitution notwithstanding, Malaysia has been officially declared as a secular state, argued a veteran lawmaker.

“A five-man bench of the Supreme Court (equivalent of the present Federal Court which replaced the Privy Council) presided by the then head of the judiciary Tun Salleh Abbas in 1988 in Che Omar bin Che Soh vs Public Prosecutor, clearly stated the law in the country was secular.

“That being the position declared by (the) high authority, it must follow inevitably that the country was a secular state and not an Islamic state, as a country having secular laws could not be an Islamic state,” argued DAP national chairperson Karpal Singh.

He believe, as such, that Malaysia has been “judicially pronounced to be a secular (country)”.

Karpal (above) was responding to Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz, parliamentary reply Monday,declaring that based on legal provisions in the country, Malaysia has never been declared nor endorsed as a secular nation. 

Mohd Nazri added that this was different from secular countries like the United States, India and Turkey where this is clearly stated in their constitutions.

However, Karpal pointed out that neither has Malaysia been declared to be an Islamic state, as reflected in the constitutions of Islamic countries like Pakistan, Bangladesh and Iran.

'Invoke Article 130'

He also rubbished political declaration by Dr Mahathir Mohamed (left) in Sept, 2001 at the Gerakan general assembly that Malaysia was an Islamic state.

“(It) does not have the stamp of legitimacy. Both Tunku Abdul Rahman and Tun Hussien Onn are on record to have stated that Malaysia was not an Islamic state”.

The veteran lawyer believe that the pronouncement by Mohd Nazri in Parliament that Malaysia is not a secular state, therefore, conflicts with the judicial decision in the case of Che Omar bin Che Soh.

As such, he proposed that the Yang Di-Pertuan Agong invoke his power under Article 130 of the constitution to refer to the full bench of the Federal Court for its opinion as to whether Malaysia is a secular state or an Islamic state.

Article 130 permits “the Yang Di-Pertuan Agong to refer to the Federal Court for its opinion on any question as to the effect of any provision of this constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it”.