Minister in the Prime Minister’s Department Datuk Seri Dr Jamil Khir Baharom put forth his stand on the debate over whether Malaysia is a secular state, by saying the Federal Constitution makes no provision for the country to be declared secular.
In his reply to a question posed by Sibu MP Oscar Ling of the DAP, Jamil referred to the case of Che Omar bin Che Soh vs the Public Prosecutor in 1988, in which Justice Tun Mohd Salleh Abas said the law used in Malaysia was secular law, but did not say that Malaysia was itself a secular state.
“Even he (Mohd Salleh) said that the secular legal system can be changed. There is no provision in the Federal Constitution which states that Malaysia is a secular state,” he said in a media statement, as reported by The Rakyat Post.
MP Ling had asked him if Malaysia was a secular state or an Islamic state in a sitting of the Dewan Rakyat on June 16.
Article 3 of the Federal Constitution clarly states Islam as being the religion of the federation, but other religions may be practised in peace and harmony anywhere in the country.
Jamil stressed that “secular state” means a complete separation of state and religion. As interpreted by the Oxford Dictionary, “secular” means “not connected with religious or spiritual matters”.
“This is in contrast to other secular states such as the United States, India and Turkey that explicitly say that they are secular in their Constitutions.”
Jamil Khir said a secular state does not recognise any religion as the official religion, but the people are allowed to practise their own religions.
“Their religions are separate and practised by individuals.”
“Under Article 162 of the Federal Constitution, the word used to refer to the law drafted before Independence Day was existing law, not secular law.
“Based on the case of Che Omar bin Che Soh, the legal provision and explanation, it is clear that Malaysia never decided to be a secular state.”
Former Prime Minister Tun Dr Mahathir Mohamad also weighed in on the issue, saying that Malaysia is neither a secular state nor an Islamic state.
“We have declared ourself as an Islamic state before, but that does not mean that we have to do all kinds of other things to make it Islamic.
“There are so many Islamic states that don’t even declare they are Islamic and they don’t practise many of the things that are supposed to be associated with Islamic states,” he told The Star Online.
However, Mahathir pointed out that this does not mean Malaysia is a secular state, either, as it was not mentioned explicitly in the Federal Constitution.
“We never said this is a secular state either. We are just an ordinary state that recognises Islam as the official religion of the country, and we practise things that are not against the religion of Islam,” he said.
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