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The Prime Minister, Dato' Seri Dr Mahathir Mohamed has stated that calls by certain quarters for an Islamic state are unfounded as Malaysia is already an Islamic state and a model one at that to other Islamic nations. He said that many 'ulama' have defined the concept of an Islamic state and that Malaysia qualifies as one. He was also reported as saying that 'if non-Muslims assume that Malaysia is a secular country, that is their interpretation and they are free to make that interpretation.'

The Bar Council is concerned that the diversity of interpretation may cause confusion. The legal position of whether Malaysia is an Islamic state must be clarified and be accurately understood by all Malaysian citizens.

Malaysians recognise that freedom of religion in Malaysia is enshrined in our Constitution, the supreme law of the land. The founding fathers of our nation agreed on behalf of all racial communities that Malaysia would be a secular state and the Constitution was drawn up to reflect this social contract. The framers of the Constitution clearly conceived of Malaysia as a secular state in which freedom of religion for all citizens is guaranteed.

While Article 3 of the Federal Constitution provides that Islam is the religion of the country, senior judges have in the past expressed the view and ruled after a review of Malaysia's constitutional history that Islam is the religion of the country primarily for ceremonial purposes. Therefore the official position oflslam does not change the legal nature of Malaysia as a secular state.

The Bar Council is of the view that the fact that some countries perceive Malaysia as an Islamic state, that Malaysia may qualify as one according to definitions by 'ulama' and the fact that the Prime Minister has made what is essentially a political statement that Malaysia is an Islamic state does not change the legal religious status of Malaysia as expressed by the Constitution. The Constitution is the supreme law of the land. Constitutional provisions read in the light of the intention of the framers of the Constitution should not be diluted  by citizens with political motives or religious leaders with an agenda. The Rule of Law demands that the religious status of the country must be interpreted in accordance with the Constitution. The principles that drove all the races to unite and struggle for independence in 1957 must be honoured and preserved.

The Bar Council reiterates that for the sake of national peace and harmony, the nation must continue to be governed by the Rule of Law. Politicians, law-makers, organisations and individuals must respect and perpetuate that Rule.

Dated this 2nd November 2001.

Mah Weng Kai
Chairman
Bar Council