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Article 160(2) of the Constitution of Malaysia defines various terms used in the Constitution, including "Malay," which is used in Article 153. "Malay" means a person who satisfies two sets of criteria: First, the person must be one who professes to be a Muslim, habitually speaks the Malay language, and adheres to Malay customs.
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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.
Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong (King of Malaysia) responsibility for "safeguard[ing] the special position of the 'Malays' 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 ...
As a result, Malay citizens who convert out of Islam are no longer considered Malay under the law. Hence, the bumiputra privileges afforded to Malays under Article 153 of the Constitution, the New Economic Policy (NEP), etc. are forfeit for such converts. Those who converted to another religion have created a number of legal issues.
When Sabah, Sarawak and Singapore joined Malaya to form Malaysia in 1963, the Malaysia Act was passed in Parliament to amend the Constitution to provide for the name change and the inclusion of the three new states. 6th: Amend articles 9, 26, 35, 45, 57, 62, 160 Insert articles 43B, 43C Amend schedule 8: Act 19/1964 Constitution (Amendment) Act ...
Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to freedom of speech, freedom of assembly and freedom of association.Unlike comparable provisions in constitutional law such as the First Amendment to the United States Constitution, Article 10 entitles citizens to such freedoms as are not restricted by the government, instead of absolutely guaranteeing those ...
Mass protests from this group against the Malayan Union, a unitary state project, forced the British to accept an alternative federalist order known as the Federation of Malaya, the Malay translation of which was Persekutuan Tanah Melayu (literally 'Federation of Malay Land'). [37] The federation would later be reconstituted as Malaysia in 1963.