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©The Sun, Letters (Used by permission)
by Richard Y.W. Yeoh, Director, Institute of Research for Social Advancement

I REFER to your editorial “Mashitah needs history lesson” (theSun, July 14). I am concerned that two paragraphs in the editorial may obfuscate the issue, viz. “Although our Constitution states that Islam is the official religion of the country, nowhere does it state that it is an Islamic country. Mashitah rightly asserts that Islam is mentioned 20 times in the Constitution as the official religion, but there is nothing of Malaysia of being an Islamic nation.”

May I point out that the relevant Article 3(1) of the Constitution provides that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation”.

Under the deliberations leading up to the formulation of the Constitution and independence for Malaya on Aug 31, 1957, Article 3 was widely accepted as ascribing a formal status to Islam for ceremonial purposes which is quite different from designating it as the official religion, and much less, to have the effect of constituting Malaya (and Malaysia) as an Islamic state. I append below paragraph 169 of the Report of the Reid Commission which was appointed to draft the Constitution.

“We have considered the question whether there should be any statement in the Constitution to the effect that Islam should be the State religion. There was universal agreement that if any provision were inserted it must be made clear it would not in any way affect the civil rights of non-Muslims. In the memorandum submitted by the Alliance it was stated “the religion of Malaysia (sic) shall be Islam. The observance of this principle shall not impose any disability on non-Muslim nationals professing and practising their own religions and shall not imply that the State is not a secular State.” There is nothing in the draft Constitution to affect continuance of the present position in the states on the recognition of Islam or to prevent the recognition of Islam in the Federation by legislation or otherwise in any respect which does not prejudice the civil rights of individual non-Muslims. The majority of us think that it is best to leave matter on this basis, looking to the fact that Counsel for the Rulers said to us 'It is their Highness’ (the Malay Rulers’) considered view that it would not be desirable to insert some declaration such as has been suggested that the Muslim Faith be the established religion of the Federation. Their Highnesses are not in favour of such a declaration being inserted and that is a matter of specific instruction in which I myself have played very little part.” Mr. Justice Abdul Hamid is of the opinion that a declaration should be in the Constitution as suggested by the Alliance and his views are set out in his note appended to this report.”

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