While freedom of religion is de jure symbolically enshrined in the Malaysian Constitution, it de facto faces many prohibitions and restrictions. A Malay in Malaysia must strictly be a Muslim, and they cannot convert to another religion. Islamic religious practices are determined by official Sharia law, and Muslims can be fined by the state for not fasting or refusing to pray. The country does not consider itself a secular state and that Islam is the state religion of the country, and individuals with no religious affiliation are viewed with hostility.
The Federal Constitution of Malaysia, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the states of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate ; the executive branch led by the Prime Minister and his Cabinet Ministers and the judicial branch headed by the Federal Court.
The states and federal territories of Malaysia are the principal administrative divisions of Malaysia. Malaysia is a federation of 13 states (Negeri) and 3 federal territories.
Malaysian legal history has been determined by events spanning a period of some six hundred years. Of these, three major periods were largely responsible for shaping the current Malaysian system. The first was the founding of the Melaka Sultanate at the beginning of the 15th century; second was the spread of Islam in the indigenous culture; and finally, and perhaps the most significant in modern Malaysia, was British colonial rule which brought with it constitutional government and the common law system.
Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for "safeguard[ing] the special position of the 'Malays'(see note) and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities" and goes on to specify ways to do this, such as establishing quotas for entry into the civil service, public scholarships and public education.
Malaysian Wildlife Law consists of the regulation, protection, conservation and management of wildlife in Malaysia. The Constitution of Malaysia empowers those at the federal and the states level to make laws regarding wildlife resources. As such, eleven states in peninsular are managed under an act while Sabah enacted an enactment and Sarawak an ordinance.
The Sedition Act 1948 in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948 to contain the local communist insurgence. The act criminalises speech with "seditious tendency", including that which would "bring into hatred or contempt or to excite disaffection against" the government or engender "feelings of ill-will and hostility between different races". The meaning of "seditious tendency" is defined in section 3 of the Sedition Act 1948 and in substance it is similar to the English common law definition of sedition, with modifications to suit local circumstances. The Malaysian definition includes the questioning of certain portions of the Constitution of Malaysia, namely those pertaining to the Malaysian social contract, such as Article 153, which deals with special rights for the bumiputra.
The Government of Malaysia, officially the Federal Government of Malaysia, is based in the Federal Territory of Putrajaya, with the exception of the legislative branch, which is located in Kuala Lumpur. Malaysia is a federation composed of the 11 States of Malaya, the Borneo States of Sabah and Sarawak, and 3 Federal Territories operating within a constitutional monarchy under the Westminster system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land.
The 20-point agreement, or the 20-point memorandum, is a list of 20 points drawn up by North Borneo, proposing terms for its incorporation into the new federation as the State of Sabah, during negotiations prior to the formation of Malaysia. In the Malaysia Bill of the Malaysia Agreement some of the twenty points were incorporated, to varying degrees, into what became the Constitution of Malaysia; others were merely accepted orally, thus not gaining legal status. The 20-point agreement often serves as a focal point amongst those who argue that Sabah's rights within the Federation have been eroded over time.
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to the 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens.
The indigenous languages of Malaysia belong to the Mon-Khmer and Malayo-Polynesian families. The national, or official, language is Malay which is the mother tongue of the majority Malay ethnic group. The main ethnic groups within Malaysia are the Malays, Chinese and Tamils, with many other ethnic groups represented in smaller numbers, each with its own languages. The largest native languages spoken in East Malaysia are the Iban, Dusunic, and Kadazan languages. English is widely understood and spoken within the urban areas of the country; the English language is a compulsory subject in primary and secondary education. It is also the main medium of instruction within most private colleges and private universities. English may take precedence over Malay in certain official contexts as provided for by the National Language Act, especially in the states of Sabah and Sarawak, where it may be the official working language. Furthermore, the law of Malaysia is commonly taught and read in English, as the unwritten laws of Malaysia continue to be partially derived from pre-1957 English common law, which is a legacy of past British colonisation of the constituents forming Malaysia. In addition, authoritative versions of constitutional law and statutory law are continuously available in both Malay and English.
The local government in Malaysia is the lowest tier of government in Malaysia administered under the states and federal territories which in turn are beneath the federal tier. Local governments are generally under the exclusive purview of the state governments as provided in the Constitution of Malaysia, except for local governments in the federal territories. The federal Ministry of Local Government Development plays a role in co-ordinating and standardising the practices of local governments across the country.
The Malaysia Agreement, or the Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore (MA63) was a legal document which agreed to combine North Borneo (Sabah), Sarawak, and Singapore with the existing states of Malaya, the resulting union being named Malaysia. Signed in London, United Kingdom, the agreement has been in effect since 16 September 1963; Singapore was subsequently expelled from Malaysia not long after this agreement, becoming a sovereign state on 9 August 1965.
The remedies available in a Singapore constitutional claim are the prerogative orders – quashing, prohibiting and mandatory orders, and the order for review of detention – and the declaration. As the Constitution of the Republic of Singapore is the supreme law of Singapore, the High Court can hold any law enacted by Parliament, subsidiary legislation issued by a minister, or rules derived from the common law, as well as acts and decisions of public authorities, that are inconsistent with the Constitution to be void. Mandatory orders have the effect of directing authorities to take certain actions, prohibiting orders forbid them from acting, and quashing orders invalidate their acts or decisions. An order for review of detention is sought to direct a party responsible for detaining a person to produce the detainee before the High Court so that the legality of the detention can be established.
The Proclamation of Malaysia was a statement, written in English and Malay, that declared the merger of the Federation of Malaya with the State of Singapore and the British crown colonies of North Borneo and Sarawak into the new Federation of Malaysia, following the enactment of the Malaysia Agreement and the Malaysia Act 1963 that July. The merger came into effect on 16 September 1963, and the proclamation was delivered on that date by Prime Minister Tunku Abdul Rahman in the Stadium Merdeka in Kuala Lumpur.
The 18-point agreement, or the 18-point memorandum, was a purported list of 18 points drawn up by Sarawak, proposing terms to form Malaysia, during negotiations prior to the creation of the new federation in 1963. Unlike the Sabah's 20-point memorandum whose authors are known and well documented, no such details have been produced for the so-called Sarawak 18-points memorandum.
The Odisha Official Language Act, 1954 is an Act of Odisha Legislative Assembly that recognizes Odia "to be used for all or any of the official purposes of the State of Odisha."
The Sarawak Government is an authority governing Sarawak, one of the Borneo states of Malaysia, and is based in Kuching, the state capital. The state government adheres to and is created by both the Federal Constitution of Malaysia, the supreme law of Malaysia, and the Constitution of the State of Sarawak, the supreme law of the State.
Constitution of the State of Sarawak was incorporated in 1963 in the state of Sarawak following the formation of federation of Malaysia. It consists of six Chapters, 58 Articles, and one Schedule.
Nik Elin Zurina bt Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan, [2024] 2 MLJ 140 is a landmark decision of the Federal Court of Malaysia in which the court held that the Kelantan State Legislative Assembly did not have the power to enact 16 Sharia laws pertaining to criminal matters, which were deemed null, void and unconstitutional. The Federal Court followed its decision in Iki Putra Mubarrak v. Kerajaan Negeri Selangor & Anor, [2021] 2 MLJ 323, another case which laid out the emphasis of federalism and the division between state and federal powers, that the State Legislative Assembly can only make laws on matters enumerated in the State List of the Federal Constitution of Malaysia.
