The Malaysian Constitution and Its Laws of a Religious Nature and Civil Rules (Legal and Legitimate Study)

Abstract

Malaysia is considered to be one of the most diverse countries in the Islamic world in terms of religion and ethnicity. Some of them are the native population of the land (Malays) and some of them have migrated to it from former colonies. This is why we find in the constitution of Malaysia many laws which consider Malays to have the right to many sovereign positions and to vital positions of a sensitive nature in the country. The Malaysian constitution stipulated that the Sultans of the States are of Malay race only and take a high status, particularly among the Malay Muslim majority, who see them as guardians of Islamic traditions. Thus, criticism of the Sultans leads to the punishment of the offender with imprisonment. One of these Sultans must be the King of the nation of Malaysia, whose rule usually lasts for five years, with many forces of great sovereignty. The King is the religious leader of the Muslims in the country, assuming the appointment of some senior officials and the Supreme Commander of the Armed Forces. He also has the authority to issue amnesty clauses for political prisoners. The Malaysian Constitution also specifies that the Malaysian prime minister and the Menteri Besar (the head of government) must belong to the Malay ethnicity and have the power to govern the States and to take care of religious matters and have a special status among the Muslims in Malaysia. The Malaysian Constitution has also allocated certain sovereign lands which cannot be transferred by way of sale or donation to non-Malaysians. This law is therefore considered a precautionary measure to ensure that important Malaysian lands are not lost to people other than their native population. This research aims at the legal establishment of the constitution of Malaysia and the laws of a religious nature which guarantee the rights of indigenous peoples of the land. The importance of research lies in the importance of preserving the constitution, which ensures that Muslims retain sovereign positions, and of preserving land from leakage into the hands of non-Muslims, which has caused many Islamic and Arab countries to fall into the hands of non-Muslims under the pretext of buying and selling land. This study will be based on the methodology for extrapolating the constitution and on what it contains laws of a religious nature that protect the country from loss and protect Muslims from disintegration. The researcher follows the analytical method for the political reasons that have drawn the features of the Malaysian Constitution and its advantages from other laws in the countries of the world.