More recently, Sinar Harian, on Aug 21, reported Federal Territories mufti Ahmad Fauwaz Fadzil declaring that Malaysia remained an Islamic state on “fiqhi” (Islamic jurisprudence), “syarie” (syariah-compliant), historical and geographical grounds.

This article analytically examines whether Malaysia is an Islamic state.

Responding to Mahathir’s pronouncement in a statement dated Nov 2, 2001, the Bar Council maintained that a political declaration could not, by itself, alter the federation’s constitutional character.

It rightly argued that the issue must be determined by reference to the Federal Constitution and the rule of law. That central proposition remains sound.

MS : "Malaysia is not only an Islamic State but a WINNING Islamic State" as evidenced by the three former prime ministers who trooped into courtrooms the other day to answer corruption charges

apanama is back : Malaysia does not explicitly use the word "secular" in its constitution, unlike the Indian Constitution, but its legal foundation and founding leaders have designed it as a secular state. Historically, in the early stages of drafting the Constitution, the Reid Commission proposed inserting a provision stating that Malaysia is a secular state. 

However, in the final stage, they agreed to accept a provision that made Islam the religion of the Federation, but it shall NOT impose any disability on non-Muslim nationals who profess and practise their own religions, and shall NOT IMPLY that the State is NOT a secular State; this means designating Islam as the religion of the Federation does not automatically turn the country into a theocracy. 

Moreover, the executive, legislature, and judiciary are SECULAR in nature and in their daily practice. It is well known that civil courts (High Courts, COA, and Federal Court) are SECULAR and SUPERIOR to Syariah courts, which operate only at the state level. 

Courts have historically viewed the supreme law of the land as secular, operating on civil parliamentary democracy rather than religious law. Besides what was stated by the late Tunku back in 1958 in the Federal Legislative Council that Malaysia is meant to be secular, and various court precedents (Che Omar, Indira Gandhi, and Nik Elin) that confirmed the country is secular, the important point to remember is Malaysia's system of governance described by Professor R H Hickling as below: "… as a general proposition Muslim law cannot be regarded as "the law of the land." 

Islam is indeed the religion of the Federation, just as the protestant Church is the established Church of England: but in each case, the state is a secular state, and it is wise to keep religion out of law (as well as out of politics) for the two mix ill." 

The foundation of Malaysia is ALWAYS SECULAR, in the past, present, and the foreseeable future, no matter what the argument is. Of course, the narratives will be leaned toward Islam to get votes, but remember, NO Prime Minister DARE to touch the Basic Structure Doctrine (BSD) of our Supreme Law. 

Not even a PAS PM in the future. They may issue statements, but they will remain mere speeches to appease the majority. While in narratives Malaysia may be seen as Islamic, in practice it is always secular. Moreover, civil, criminal, commercial, and public laws are secular and are enacted by the federal Parliament and state assemblies. 

In contrast, Islamic law applies primarily to personal and family matters for Muslims and is restricted by explicit jurisdictional limits in the Federal Constitution. A SECULAR state legislative assembly ALWAYS passes state Islamic law. We only have Syariah law and Syariah Courts, but the rest are ALL secular. 

The noise seems louder on the Syariah side, so it looks and sounds like Islamic, but it is NOT. To portray to the outside world that we are more Islamic than Arab, and locally to get votes. Finally, the answer to "Is Malaysia an Islamic state? The answer is BIG NO. It is a SECULAR state.