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Law in a Plural Society: Malaysian Experience Zaki Azmi BYU Law Review Volume 2012 | Issue 3 Article 1 9-1-2012 Law in a Plural Society: Malaysian Experience Zaki Azmi Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Human Geography Commons, Law and Society Commons, Legal History Commons, and the Rule of Law Commons Recommended Citation Zaki Azmi, Law in a Plural Society: Malaysian Experience, 2012 BYU L. Rev. 689 (2012). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2012/iss3/1 This Conference Proceeding is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. 01-AZMI.FIN (DO NOT DELETE) 2/8/2013 2:39 PM Law in a Plural Society: Malaysian Experience Address Given by Former Chief Justice of Malaysia, Zaki Azmi* I. INTRODUCTION This paper concentrates mainly on how Malaysia, a country composed of many races and religions, creates and enforces its laws in order to sustain the peace that has lasted more than half a century. I have recently retired as a judge, so my view on this subject is from a judge’s perspective. Malaysia is located just north of the equator, about halfway around the world from Utah. It is geographically divided into two main regions by the South China Sea. These two regions are the Peninsula Malaysia and Sabah and Sarawak. Peninsula Malaysia was known as Malaya, but in 1963, the British colonies of Singapore, Sabah, and Sarawak joined Malaya to form the nation known as Malaysia.1 Singapore also became part of Malaysia but left it in 1965.2 Malaysia’s is divided as follows: Malays (50.4%), Chinese (23.7%), Indians (7.1%), and other races (18.8%).3 In terms of religion, about 60.4% of the population is Muslim, and the rest is comprised of Buddhists (19.2%), Christians (9.1%), Hindus (6.3%), and a small minority who still believe in animism and ancestral worship.4 All the religions, except those believing in animisms, were actually imported. Islam was introduced in Malaysia by traders and missionaries before the fourteenth century. Christianity was introduced by Christian missionaries and conquerors, and Buddhism and Hinduism by those brought in by the British as workers. * This speech was originally presented at the Eighteenth Annual International Law and Religion Symposium held at Brigham Young University’s J. Reuben Clark Law School on October 2–4, 2011. 1. Bureau of E. Asian & Pac. Affairs, U.S. Dep’t of State, Background Note: Malaysia, STATE.GOV (Mar. 2, 2012), http://www.state.gov/r/pa/ei/bgn/2777.htm. 2. The Legal System of Malaysia–§1.1 Historical Outline, in 9 MOD. LEGAL SYS. CYCLOPEDIA 9.200.1, 9.200.9 (2005). 3. CENT. INTELLIGENCE AGENCY, THE WORLD FACTBOOK (2012) (stating that in 2004 Malaysia’s estimated population consisted of 50.4% Malay, 23.7% Chinese, 7.1% Indian, 11% indigenous, and 7.8% other). 4. Id. 689 01-AZMI.FIN (DO NOT DELETE) 2/8/2013 2:39 PM BRIGHAM YOUNG UNIVERSITY LAW REVIEW 2012 Consequently, today, Malaysia is a melting pot of religions, lineages, and languages.5 However, Malay was chosen as the national language when Malaysia gained independence in 1957.6 Generally, citizens of Malaysia have varying complexions because the Chinese have fair skin, the Indians have darker skin, and the Malay’s skin color is somewhere in between the two. Even when one is aware of the varied complexions of Malaysian residents from different lineages, it can still be difficult to determine the lineage of individuals from East Malaysia (i.e., Sabah or Sarawak) strictly by their appearance because they often have fair skin similar to individuals of Chinese descent, but are in fact of Malay descent. However, the languages spoken at home are usually different for people of different lineage. Consequently, it is generally easy for the people of Malaysian descent to identify the different accents of individuals when they speak Malay (the national language) or English. The types of food and cooking style, as well as the style of dress, also distinguish the different lineages present in Malaysia. The Chinese food is bland, the Indian food is spicy, and the food of the Malays is hot. In short, Malaysia is the ultimate melting pot. However, despite our differences, the majority of Malaysians agree that we live as one community and benefit from our cultural diversity. We live peacefully together as we respect each other’s beliefs and religion and even celebrate each other’s cultural festivals.7 It is not unusual to find a Mosque, a Church, and both Buddhist and Hindu Temples within the same locality. II. A HISTORY AND OUTLINE OF MALAYSIA From the ninth to the thirteenth century, the Buddhist Malay sultanate8 of Srivijaya ruled most of the Malay Peninsula. The Srivijava sultanate was based at the present location of Palembang, Sumatra. The Malays began converting to Islam in the fourteenth century, during the reign of the Hindu sultanate of Majapahit. The conversion to Islam 5. Pressure on Multi-faith Malaysia, BBC NEWS, http://news.bbc.co.uk/2/hi/asia- pacific/4965580.stm (last updated May 16, 2006). 6. Kumaran Rajandran, Language Planning for the Malay Language in Malaysia Since Independence, 2 IRANIAN J. LANGUAGE STUD. 237, 239 (2008). 7. See Raymond L.M. Lee, The Transformation of Race Relations in Malaysia: From Ethnic Discourse to National Imagery, 1993–2003, 3 AFR. & ASIAN STUD. 119, 133 (2004). 8. A sultanate is a “state or country governed by a sultan.” Merriam-Webster, Sultanate Definition, M-W.COM, http://www.merriam-webster.com/dictionary/sultanate (last visited Sept. 30, 2012). 690 01-AZMI.FIN (DO NOT DELETE) 2/8/2013 2:39 PM 689 Law in a Plural Society: Malaysian Experience spread more rapidly when the Malacca sultanate rose to power under the leadership of a Muslim prince in the fifteenth century. Malacca is a port located in the Straits of Malacca, which separates Peninsular Malaysia and Sumatra, Indonesia. The Malacca sultanate originated from Palembang, Sumatra. The Malacca sultanate became an international trading port because it was strategically located in the Straits of Malacca, where traders from China, the Middle East, Malaysia, and India passed. As trade increased, more Malays were exposed to Islam, in large part due to their contact with Arab traders. Many Malays converted to Islam, including the sultan. Consequently, as Islam increased in popularity, Islamic laws were applied alongside adat, Malay customary law. The sultanate adopted Syariah, with modifications by the customary laws, as the laws of the land. When the Portuguese conquered and colonized Malacca in 1511, the sultanate ended, and all territories formerly under the Malaccan sultanate became independent states having their own rulers. So today, Malaysia has nine sultanates.9 Strangely enough, Malacca, which was the original state that had a sultan, is today without one. This is perhaps because after the Portuguese and the Dutch colonized Malacca, the British took over that territory and combined the territories of Malacca, Singapore, and Penang to form the Colony of the Straits Settlements. The British came to the Malay Peninsula in the eighteenth century. Sir Francis Light persuaded one of the sultans to hand over an island off the northwest coast of the Malay Peninsula, in the Straits of Malacca. The island, known as Penang, is today a tourist destination of which some of you may have heard. This is where common law made its first footprint in Malaysia. As the years proceeded, the British made arrangements with the Dutch and the local sultans and every state in the Malay Peninsula, including Sabah and Sarawak on the Borneo Island. After the Second World War, locals began to make efforts to gain independence from the British. On August 31, 1957, the territories of peninsular Malaysia gained independence from the British. Later, on September 16, 1963, the colonies of Singapore, Sabah, and Sarawak joined the independent territories of Peninsular Malaysia to form Malaysia. 9. Bureau of E. Asian & Pac. Affairs, supra note 1. Malaysia is divided into thirteen states, of which nine have hereditary rulers called “sultans” and four are headed by governors appointed by the King. In addition, the Malaysian Federal Government governs the federal territories of Kuala Lumpur, Putrajaya, and Labuan. 691 01-AZMI.FIN (DO NOT DELETE) 2/8/2013 2:39 PM BRIGHAM YOUNG UNIVERSITY LAW REVIEW 2012 A. Malaysia: A Federation Now, a brief discussion of the setup of Malaysia’s government: Malaysia is a federal state that consists of thirteen states and three federal territories combined under the Federation of Malaysia. Being a federation, every state in Malaysia has its own executive and legislative branches of government, but the Judiciary is established at the federal level and has jurisdiction over all states in Malaysia. B. Laws in Malaysia Malaysia has its own Constitution, which acts as the supreme law of the country.10 At the federal level, Malaysia also has a bicameral parliament. Similarly, the individual states have their own state constitutions and state assemblies. Consequently, laws are enacted by both the federal bicameral parliament and state assemblies. The subject matter of the laws enacted at the federal and state levels differs and is outlined in detail in the Federal Constitution.11 Generally speaking, the scope of Parliament’s law-making authority is far wider than that of the state assemblies. The state assemblies enact laws in matters that are administered at the state level, which include land, agriculture, local governments, state governments, and Islam.
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