Article 3 of The Federal Constitution says that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation” and pointed out the word “official” was nowhere in the provision."

Article 3 of The Federal Constitution says that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation” and pointed out the word “official” was nowhere in the provision."


By Debra Chong, The Malaysian Insider

The Federal Constitution has never stated Islam is the country’s “official religion”, says lawyer Syahredzan Johan as controversy raged over a Utusan Malaysia report that Christians want to usurp the religion’s place in the charter.

The Umno-owned paper and some Malay-Muslim groups, including Umno leaders, have been pushing the view that the country’s highest law proclaims Islam to be its “official” religion and that only a Muslim can be its prime minister.

Syahredzan, who is the Bar Council’s constitutional law committee chief, said Utusan’s reading of the law was wrong and warned the Malay-language daily was pushing what he described as a “dangerous misconception” that could plunge the country into religious and social unrest.

“In terms of the Federal Constitution, there’s only one religion for the federation, no official or unofficial. The Constitution is clear on this. Islam is not the official religion,” he said to The Malaysian Insider when contacted yesterday.

He cited Article 3 as stating “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation” and pointed out the word “official” was nowhere in the provision.

Syahredzan said that section of the constitution must be interpreted together with Article 11, which states “Everyone has the right to profess and practise his religion and, subject to Clause (4)’ — which is on Islam — ‘to propagate it’”.

“We need to understand the correct terminology to be used when we say anything about the Federal Constitution,” he said, and added “everyone, from ministers to NGOs to bloggers have been claiming all sorts, which goes to show they do not know what is in the Federal Constitution”.

He observed that by inserting the extra word into the Constitution, the bloggers, ministers and newspaper were reading things that are not there and changing the law.

“And that’s unconstitutional,” the lawyer insisted.

Syahredzan also said while the man-on-the-street could be excused for not being well-versed with the law, ministers and lawyers could not be forgiven because it was not only their job but their duty.

“If it’s normal people, they can be excused for not knowing the Constitution, but we’re talking about ministers, lawyers, the media ... people with influence in society.

“If they themselves don’t understand how the Constitution works, then we have a serious problem because people might be agitated,” he said.

Syahredzan said he was highlighting this issue because no one else seemed to be doing so.

“It’s a very dangerous thing and it gets played up and because of that, it becomes more than just a constitutional issue, it becomes a bogeyman ... it becomes a religious issue and a social issue and a political issue and a problem. Someone needs to stand up and say this,” he told The Malaysian Insider.

While the young lawyer noted that right-wing Malay rights lobbyists had been making noise about this issue, he said he was unsure if their campaign was deliberate or carried out due to ignorance.

But, Syahredzan stressed, it is time Putrajaya take the lead to correct the misconception to avoid disaster.

Comments (8)..

written by Atheist, May 10, 2011 15:32:08

This is why I never wanted a Malay judge or a Malay lawyer when I took a GLC to court and won.

The Clause is very clear .... Islam is the religion of the land .... but we will allow other religions. A missing word does not change the 'spirit' of the constitution nor the law.

The words ' in any part of the Federation (land)' suppports this. If it was 'as part of the Federation (land)' ..... then I might be tempted to agree .... to a certain degree.

The words ' may be practiced' makes it difficult for other religions to be put on the same footing as 'religion of the Federation'.

In my time, we would have put such people in Kemunting's 'self-actualization' pprogram .... without Cabinet approval. ..

written by Oscar Winner, May 10, 2011 13:06:03

Hi Syahredzan, thanks for the clarification. You have just helped the ignorant like me understand the constitution. I believe many of your fellow lawyers may not even understand the constitution on this issue. Pls be careful though, Utusan will carry a headline which says "Syahredzan mesti ditahan di bawah ISA" ..

written by malsia1206, May 10, 2011 12:45:51

Just like Mamak hijacking the Federal Constitution to implement NEP and all the successive acronym as the National official regime for the past 40+ years.

They want theirs to be the one and only exclusive religion.

They want to have exclusive usage on 'Allah'.

They want NEP to be indefinite. 30% to 51% to 90% sooner rather than later.

They want this, they want that.

They can shaft the whole damn country up their arses for all I care. ...

written by durianbesar, May 10, 2011 12:44:47

RPK has also stated this many times before... n most people have short memories......

This fcuking UMNO and BN have to be C4ed and destroyed..... hopefully one by one they drop dead from heart attacks or submarines falling down from the sky on KLCC... or Putrajaya.....

These UMNO fcukheads and fcukwits.... are all playing with fire..... and this will cost them greatly especially baldy the p**imak Najib and his plasticised wife and cunt... Rosmahfcuk....

All the other fcukers are the fundamentalists of islam in Malaysia... who have nothing better to do than become moral fcukheads.....

SYABAS Sharedzan ...

written by IbnAbdHalim, May 10, 2011 12:21:50

Say what you may but UMNO think otherwise. They think this country belongs to them. They have the final say in everything. To overcome this phenomena the only right thing to do is to get rid of UMNO. And that's a gigantic task. Insya Allah victory will side the righteous, the oppressed. ..

written by Fart Fart Wah, May 10, 2011 12:06:26

This is where you are wrong. When the Interlok Indian Prime Minister stated that this Islam is the official religion of this country thats where all the rest wagged the tail. All wagged their tail because it suited them and UMNO. The voice of protest by the oppostion was muffled by a drunken Interlok Indian Prime Minister who was at that time at the height of power and he was dancing the dance of twin towers and mega projects. To cover up for all the mistakes and the corruption going on he distracted the Malays with this. And all of Malays sang HURRAH HURRAH HURRAH we have a real Muslim Leader. Using that as a que now we have the UMNO's children of the father still shouting the same without understanding the constitution. No one can claim that Malaysia has an official rellgion. WE all agree that Islam by force of the fact being a Malay you must be a Muslim takes on the major section of our community of being Muslims. This again goes against the spirit of the constitution where each man/woman is free to choose her region. NOT SO for MALAYS who are herded under the Islamic religion to control and force them to follow politicians and religious leaders. Now without this they will lose political power. Today we know why the Interlok Indian prime minister did this. We also know that the rest of his followers are singing the same song to force the Malays to submit to them. I thought in Islam you only SUBMIT TO A L L A H ! however you can see that this is not the case. As usual like you said the Malay on the street who is more concerned for his bread and butter is ignorant of this fact. He just follows to make sure that his nasi kandar is not taken away by UMNO. I said Nasi Kandar because today we know that the Mamaks are running this country as they are the ones funding UMNO. It is very unfortunate that we let this happen, however it is a time of awakening for the Malays. As Muslims they can see the hatred against another fellow Muslim brother Anwar.. the length they have gone to kill him off politically and even to the extend of showing clips of sex acts ON NATIONAL TV. how low they have become even to corrupt our young Malay children and youth and the UMMAH. I am baffled how MUSLIMS IN UMNO CAN THROW SO MUCH SHIT AT ANOTHER MUSLIM AND WRITE ALL KINDS OF SHIT AGAINST HIM and try to stir hatred against other relgiions just to cling to p .

written by educationist, May 10, 2011 11:58:20

“Why are we under this siege mentality that everyone is out to get us, as if they are afraid Islam is going to be changed?” he asked - I believe Syahredzan is being polite as to be so circumspect in asking the question which answer is obvious to anyone who will see!!

"The Federal Constitution has never stated Islam is the country’s “official religion”, ..." TQ Syahredzan for stating this fact for us.

Of course, the UMNOPutras shall be screaming bloody murder but facts are facts!! ..

written by Wisdom above, May 10, 2011 11:56:36

Many Lawyers knew about this VOID & ABSENCE and chose to stay SILENT about it !

Syahredzan, who is the Bar Council’s constitutional law committee chief, says this and it make sense !

" .....He cited Article 3 as stating “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation” and pointed out the word “official” was nowhere in the provision."