Politics of Malaysia takes place in the framework of a federal representative democratic constitutional monarchy, in which the Yang di-Pertuan Agong is head of state and the Prime Minister of Malaysia is the head of government. Executive power is exercised by the federal government and the 13 state governments. Legislative power is vested in the federal parliament and the 13 state assemblies. The judiciary is independent of the executive and the legislature, though the executive maintains a certain level of influence in the appointment of judges to the courts.
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.
Islam in Malaysia is represented by the Shafi‘i school of Sunni jurisprudence. Islam was introduced to Malaysia by traders arriving from Persia, Arabia, China and the Indian subcontinent. It became firmly established in the 15th century. In the Constitution of Malaysia, Islam is granted the status of "religion of the Federation" to symbolize its importance to Malaysian society, while defining Malaysia constitutionally as a secular state. Therefore, other religions can be practiced freely.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
Islam constitutes the third largest religion in Singapore, with Muslims accounting for approximately 15.6% of the population, as indicated by the 2020 census. Predominantly, Singaporean Muslims are Sunni Muslims adhering to either the Shafi‘i or Hanafi schools of thought. The majority of the Muslim population, about 80%, are ethnic Malays, while 13% are of Indian descent. The remaining fraction comprises local Chinese, Eurasian, and Arab communities, in addition to foreign migrants. Buddhism and Christianity are the two larger religious affiliations in the country.
The protection of basic human rights is enshrined in Constitution of Malaysia. These include liberty of the person and prohibition of slavery and forced labour. At the national level, legislative measures that exist to prevent human rights violations and abuses can be found in acts and laws on issues that either have a human rights component or relate to certain groups of society whose rights may be at risk of being violated. Human rights groups are generally critical of the Malaysian government and the Royal Malaysia Police. Preventive detention laws such as the Internal Security Act and the Emergency Ordinance 1969 allow for detention without trial or charge and as such are a source of concern for human rights organizations like Suara Rakyat Malaysia.
The Attorney General of Malaysia is the principal legal adviser of Malaysia. The Attorney General is also the highest ranking public prosecutor in the country and is also known as the Public Prosecutor, or simply PP. The powers with regard to prosecution is contained in Article 145(3) of the Federal Constitution. For instance, exercisable at his discretion, the Attorney General may institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.
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 comprising 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.
Lina Joy is a Malay convert from Islam to Christianity. Born Azlina Jailani on 28 July 1964 in Malaysia to Muslim parents of Javanese descent, she converted at age 26. The Lina Joy case sparkled a debate about apostasy in Malaysia, and her failed legal attempt to not have her religion listed as "Islam" on her identity card is considered a landmark case in Malaysia.
Moorthy Maniam, simply known as M. Moorthy, was a corporal in the Malaysian Army and a member of the first group of Malaysians to successfully climb Mount Everest. He was a Malaysian Indian, born and raised Hindu.
Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges, prejudices and threats not experienced by non-LGBT residents. Sodomy is a crime in the country, with laws strictly enforced. Extrajudicial murders of LGBT people have also occurred in the country. There are no Malaysian laws that protect the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.
Islam is the state religion of Malaysia, as per Article 3 of the Constitution. Meanwhile, other religions can be practised by non-Malay citizens of the country. In addition, per Article 160, one must be Muslim to be considered Malay. As of the 2020 Population and Housing Census, 63.5 percent of the population practices Islam; 18.7 percent Buddhism; 9.1 percent Christianity; 6.1 percent Hinduism; and 2.7 percent other religion or gave no information. The remainder is accounted for by other faiths, including Animism, Folk religion, Sikhism, Baháʼí Faith and other belief systems. The states of Sarawak, Penang and the federal territory of Kuala Lumpur have non-Muslim majorities. Numbers of self-described atheists in Malaysia are few; Apostasy from Islam is a criminal offence punishable by a fine or prison term. The state has come under criticism from human rights organisations for the government's discrimination against atheists, with some cabinet members saying that "the freedom of religion is not the freedom from religion".
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.
Malaysia curbs blasphemy and any insult to religion or to the religious by rigorous control of what people in that country can say or do. Government-funded schools teach young Muslims the principles of Sunni Islam, and instruct young non-Muslims on morals. The government informs the citizenry on proper behavior and attitudes, and ensures that Muslim civil servants take courses in Sunni Islam. The government ensures that the broadcasting and publishing media do not create disharmony or disobedience. If someone blasphemes or otherwise engages in deviant behavior, Malaysia punishes such transgression with Sharia or through legislation such as the Penal Code.
Sharia means Islamic law based on age-old concepts. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.
Prof. Dato' Arif Perkasa Dr. Mohd Asri bin Zainul Abidin Al-Malizi, better known as Abu Talhah Al-Malizi or Dr MAZA, is an Islamic scholar, preacher, writer and lecturer from Malaysia. He is currently serving his second term as Mufti of Perlis since 2 February 2015. His first term had been from 1 November 2006 until 11 November 2008.
The Administration of Muslim Law Act is a Singapore statute that pertains to regulation of Muslim religious affairs, establishing the creation of a religious council to offer advice on matters related to the Muslim religion, and the creation of a Syariah Court in Singapore. The act was passed in 1966 and came into force on 1 July 1968.
Shamrahayu binti A. Aziz is a law lecturer at the Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University of Malaysia (IIUM), Malaysia, and the incumbent Institution of the Malay Rulers Chair at Universiti Teknologi Mara (UiTM). She writes weekly as a columnist on the Malay daily newspaper, Berita Harian, as well as on her website. She does many research regarding Malaysian national affairs, the Malaysian Federal Constitution, Sharia law, and human rights. She is also a Principal Fellow at the Institute of Islamic Understanding Malaysia (IKIM).
Mohd Na'im bin Mokhtar is a Malaysian judge, lawyer and legal scholar who has served as Minister in the Prime Minister's Department in charge of Religious Affairs in the Anwar Ibrahim Cabinet as well as Senator since December 2022. He served as 4th Chief Judge of the Syariah Court from April 2019 to his appointment as a minister in December 2022. He is one of the two independent Cabinet ministers alongside Minister of Finance II Amir Hamzah Azizan. He was the sole independent Cabinet minister before the 2023 cabinet reshuffle.
