FACULTY OF ADMINISTRATIVE SCIENCE AND POLICY STUDIES

DIPLOMA IN PUBLIC ADMINISTRATION ( AM110 1A )

ASSIGNMENT PAD 102

TOPIC : CONFERENCE OF RULES OF PROTECTION OF MALAYS & ISLAM

PREPARED BY :

NAME MATRIX ID

2015857036
NUR FATIN ARIENA BINTI MAT HUSSIN

NADIA SHAFIRA BINTI TAJUDIN 2015280434

NORIZZATI BINTI MOHD ISA 2015897954

NURUL FATIHAH BINTI MUSTAFFA 2015850748

PREPARED FOR :

EN AHMAD FAIZ BIN YAAKOB

SUBMIT DATE :

11 SEPTEMBER 2015
 CONTENT

NO ITEMS PAGES

INTRODUCTION
1

2 1.0 ROLE OF THE CONFERENCE OF RULERS IN MALAY

PRIVILEGES AND INTERESTS OTHER NATIONS

3 2.0 ROLE OF THE CONFERENCE OF RULERS IN PRESERVING

ISLAMIC RATING

4 CONCLUSION

5
REFERENCES
INTRODUCTION

The purpose of the assignment is to discuss the function of Conference of Rulers

(Majlis Raja-raja) of Malaysia.The fact that our history is undeniable, rulers is the originator
and forms the basis of our country's identity. This has been taken into account in the drafting
of the Constitution in establishing Malaysia as an independent and sovereign state. With two
royal institution, namely the Council of Rulers and Yang di- Pertuan Agong, the Constitution
puts rulers in a high place and importance. There are various special provisions concerning
the Rulers of the powers and role specific. While the Yang di-Pertuan Agong was appointed
Chairman of the National Key. He part of the Legislature or Parliament. He is also vested by
the Constitution with the power of the Executive or the executive power.

Taking the recognition of the institution of the monarchy, as summarized above, this
task will analyze several matters relating to the role of the Malay rulers in the Federal
Constitution and related .We press about rights - rights of the malays and islam care. As
we all know, the monarchy was inherent in the social system in the Malay states since
centuries. According to the monarchy, the king has absolute power in the government and
state administration, especially before British colonization. When the Federation of Malaya
gained independence in 1957, the institution of monarchy is continued with some
modifications in order to conform with the concept of parliamentary democracy and
constitutional monarchy. The monarchy is also linked to the question of religion because
they are religious leaders in their respective states and is responsible for maintaining Islam
as well as any amendments to be made against Islam requires the consent of the kings of
old. The rationale for the role of the Conference of Rulers in this matter is the question of the
constitution only emphasizes the country's administration. So, in terms of religious matters
are left to be controlled by the monarchy. Therefore, this paper will look at the role of the
monarchy in maintaining the position of Islam and the Malays from a historical perspective.
Meanwhile, the 'history' that tries reviewed here only refers to the drafting history of the
Federal Constitution. We do not intend to look deeply about the power and role of the Malay
rulers before the drafting of the Constitution in a comprehensive manner. This is because the
scope is so vast and certainly requires historians to study and detail.
1.0 ROLE OF THE CONFERENCE OF RULERS IN MALAY PRIVILEGES AND
INTERESTS OTHER NATIONS

Yang di-Pertuan Agong is responsible for safeguarding the interests of other nations.
We find a lot of discussion about this and sometimes it is so warm debated - mostly for the
purposes of political gain. What is embodied in the Constitution through per. 153 This is to
maintain the position of the Malays without prejudice to the positions and interests of other
nations. In implementing the 8 responsibility in this regard, we should pay attention to the
fundamental role which should be implemented by the king, which is a symbol of unity. The
monarchy has been accepted as the undisputed symbol of unity again. According to the
provisions of the Federal Constitution literally, this role is not articulated in the form of detail
in the Constitution. However, it is so ingrained in the national philosophy formed on the
various differences and disorders. Not only the difference and disparity in terms of race and
culture, but also in terms of economy. Differences and disorder is instinctively require a
pooling mechanism so that no one feels left out. That is also the aim and intention of forming
a nation's identity. This means not only the king of kings of a race, or a certain faction and
faction. He is not the king of the rich or the poor only. As a symbol of the unity of the King is
the king of all; regardless of race, religion, tribe, social status and tax status. That's what you
want to digest the concept of the king as a symbol of reconciliation. Implementation and
strengthening of the institution of the monarchy on the subject should be placed as a priority
in ensuring not only the survival of the monarchy, but more importantly, the continuity of
Malaysia as a peaceful and progressive.

THE PROVISION OF CONSTITUITION : ARTICLE 153

( SPECIAL POSITION OF THE MALAYS AND NATIVES OF SABAH AND SARAWAK. )

Article 153 of the Constitution of Malaysia

Article 153 of the Constitution gives the responsibility to the Yang di-Pertuan Agong
maintain the privileges of the Malays and the natives of Malaysia, the group referred to as
natives. Article specialize how the federal government protects the interests of these groups
by setting up a quota entry into the public service, scholarships and public education. It is
also usually considered part of the social contract, and is usually regarded as legal defense
for Malay supremacy - the belief of the Malays that they are the original inhabitants of
Malaysia.
Land For Malays

The right for the Malays people to get land with the permission from the state government
(because the opening of land is under the power and supervision of the state government).
The state government has the prerogrative of opening of land specially for Malays
unconditionally.

Position In Government

Right hand position in the Federation of Malaya has to be allocated according to a certain
ratio for Malays and non-Malays

Scholarship Allocation

Allocation of scholarship of financial help is given higher priority of Malays compared to non-
Malays.

Economic Aid

Rules are made to help the Malays obtain certain licenses or permission that allows them to
carry out business operations and other economical activities.
2.0 ROLE OF THE CONFERENCE OF RULERS IN PRESERVING ISLAMIC RATING

First, the provision in the matter involving Islam in the constitution as in Article 3, Article
8, Article 11, Article 12 and Article 121 (1A) can not be amended, modified or revoked
without the consent of the Council of Rulers. This is a bond that can not be denied. It is
obvious as stipulated in the Article 159 of the constitution through (5) clarifies that any
constitutional amendment requires the support of two thirds of the council and the approval
of the Conference of Rulers which involves such things as divine right of kings, the special
position of the Malays and natives of Sabah Sarawak, the national language and religion.
This provision is enshrined in the constitution as the relationship between the Malays and
the Malay Rulers was very familiar.

Second, the monarchy is also linked to the question of religion. This is because they
are Head of the religion in their respective states and is responsible for maintaining Islam as
well as any amendments to be made against Islam requires the consent of the kings before.
The rationale for the role of the Conference of Rulers in this matter is the question of the
constitution only emphasizes the country's administration. So, in terms of religious matters
are left to be controlled by the monarchy. As agreed upon draft constitution in which kings
justify the declaration of Islam as the religion of the federation after being assured that it
would not affect their position as head of religion in their states (Abdul Aziz Bari, 2005)

Third, even if the constitution does not set the Speaker Agong as the head of the whole
federation, the constitution places the responsibility on him to look after Islam. This is stated
in the oath of office in respect of which Yang di- Pertuan Agong was entrusted by the
Constitution to maintain at all times the religion of Islam and stand firm on fair and peaceful
government in the country. Although he did not put down as head of the entire communion,
he has the responsibility to protect and ensure that Islam is not contaminated. Due to the
Malays and Islam are two inseparable entities, the task of maintaining the privileges of the
Malays as well as maintain and protect Islam. This responsibility is relevant given that the
federal government is not necessarily led by a Malay and Islam, as found in the constitution
of the Malay states. He also is the head of Islam in the country which is not a king of
Malacca, Penang, Sabah, Sarawak and the Federal Territory. This occurs because the
Governor may consist of non-Muslims. The Islamic provision in situations where even
guaranteed as to amend it, it is necessary to support more than two-thirds parliamentary
majority and the consent of the Yang di-Pertuan Agong. Similarly, during the colonial period
through peace and friendship treaty with the rulers, even if they manage to get the right to
give advice in connection with the administration of the country, but Islam is excluded. For
example, Article 2 of the agreement between the Straits Settlements and Chiefs rule Negeri
Sembilan, dated June 20, 1895 it was agreed that they undertake to follow the advice of the
British Resident in all administrative matters other than matters touching religion (Mohd
Salleh Abas1985).

Fourth, the provisions under Article 3 explains that Islam is the religion of the
federation and at the same time also gives the right to non-Muslims to practice their religion
in peace and harmony in Malaysia. In addition, Article 3 also describes rulers as the head of
the state but the state does not have a king. As for something that includes all federal
concerning Islam, the Yang di-Pertuan Agong will represent rulers as agreed by the
Conference of Rulers. In addition rulers, Article 3 also touched on the Yang di-Pertuan
Agong is the head of Islam in the state of Malacca, Penang, Sabah and Sarawak. Further,
Article 3 stated that the Federal Territory, Parliament may make laws with respect to the
affairs of the Muslims and establish a council to advise the Yang di-Pertuan Agong in
respect of Islamic religious affairs. This is equivalent to Article 3, all the states in the
federation have also made Islam the state religion.

Fifth, even if the Kings fall within the concept of constitutional monarchy, but the
position of power of the kings of religion in the constitution remain unchanged in the same
position they were before independence. The Constitution clearly provides that the kings in
exercising their powers as Head of the religion, can act without the advice of the
government. Acting on the advice of the government of the general principle is central to the
concept of a constitutional monarchy. Kings is reinforced when one becomes King Yang di-
Pertuan Agong, but his function in Islamic affairs as compared with the other functions
continue to be submitted to the acting king. Ninth king in the land of the monarchy must
Malay man, bloody king, descendant of the state and a Muslim.

Sixth, the constitution stipulates that in carrying out duties as a religious leader, the
Kings could appoint a council to advise him. With this position, religious institutions such as
the Majlis Agama Islam, the religion department, officials of mufti, the Syariah Court judges
and so are subject to the power of his (Abdul Aziz Bari, 2005). Majlis Agama Islam example
is the body tasked to help and advise the Kings on all matters related to Islam and Malay
customs. Looking at the structure of the constitution can be said that the Conference of
Rulers, although not mentioned as the highest authority at the federal level, is by implication,
the highest authority in the matter of Islam. It is reasonable because there is no religious
leader for the entire federation. But the council must have the permission of the Kings,
something clearly to maintain the position of the rulers as the head of the respective state.
However, the constitution stipulates that the Kings shall give approval to the Conference of
Rulers in these circumstances.

Approval of the Kings to the Conference of Rulers is clearly visible when the National
Council established the Muslim Public Affairs Council on 17 October 1968. It has two tasks,
namely:

i. Advise and make recommendations on any matter referred to it by the Conference of

Rulers by any state or state religious councils.

ii. Advise the Conference of Rulers, the state and state religious councils or matters
concerning the administration of legislation or Islam or the teachings of Islam with the aim of
providing, uniform or promote equality in Islamic law and administration.

However, this function can not touch on the status, rights, privileges and sovereignty and
other powers of the king as the head of Islam in the country (Ahmad Ibrahim, 1987).
The issue of whether Malaysia is an Islamic state or a secular state

What we need to note is that the Constitution does not use the word "secular" even
once. Instead of Article 3 (1) provides that Islam is the religion of the Federation; Article 3 (2)
verify the position of the king as head of the State, respectively; Article 3 (3) makes the King
as head of the state got monarchy; Article 11 (4) allows the laws made to control or restrict
the propagation of any religious doctrine or belief among persons professing the religion of
Islam and the Ninth Schedule, List II provides for matters of State Legislatures can make
laws about religion Islam, including the establishment of the Sharia Court. Just by looking at
the provisions of the Constitution matter, is it more appropriate ("consistent") with a state
"religion" (Islam ") or a state" no religion "?

See also what has been done. The government issued millions of ringgit for the
construction and development of Islamic banking, Islamic finance and takaful; to perform the
activities of Islamic using public funds, including the building of Universities and Colleges of
Islam (including UIM), to establish the Department of Islamic Affairs, organized a recitation of
the Qur'an, the Islamic Religious Council, mosques, schools Islam, the religion program in
the state-owned radio and television, to the councils of prayers and religious speech in office
hours, office buildings (including this Halaqah). All that was done on the basis that "Islam is
the religion of Malaysia."

We regret the "state Islam" and "secular" has been manipulated so severe that
recently a young Malay 20s that go with ISIS, when questioned by reporters, said "I do not
want to go to Malaysia because Malaysia is not a country Islam. But, I would go back if the
opposition wins the next general election. "That is, if the opposition wins, Malaysia will
become an" Islamic state "! Very easily. Did he think, if the opposition wins the next election,
PAS, PKR and DAP will be the core of such UMNO party in the National Front since
independence? What is an "Islamic state" is?

For us "religious teachers" who influenced the thinking of youth as it is for enlightened
self-interest or political party they were doing an injustice to the young men, Muslims and
Islam.
CONCLUSION

The above analysis shows that the institution of the Malay Rulers was instrumental in
protecting and preserving Islam in Malaysia and at the same time protect the rights of ethnic
non-Malays. And this must be understood by all segments of society, especially the younger
generation to keep an open mind on an issue involving Islam in the constitution. This is
similar to what was stated by the Conference of Rulers to 215, namely Islam and the Malays
are the primary basis of the formation of Malaysia (Straits Times, 2008). In addition, Islam
encourages receive religious and ethnic differences as a normal human being like avoiding
ridicule in culture, ethnicity and religion, polite and courteous .

To ensure the continuity of the tradition of the monarchy, of course, changes need to
occur in the monarchy. This will make the position of the institution in accordance with the
demands of the time. Conscientious attitude to progress, wealth sharing and making the
assertion in some cases is sometimes very necessary. Although the position of the
monarchy in the Constitution and the legal system is quite striking, we can not expect what is
etched in the law is not eroded. This is due to what is called the Constitution, it is the organic
law that can be changed and the dependent and due to the political configuration. In
addition, the system of constitutional monarchy and should not be used as an excuse to
block the king's contributions to the country. Boost the credibility of the king; closer to
people's problems and increase the standard of living is also to be interpreted as meaning
implicit in the constitutional monarchy. Constitutional monarchy is not just referring to the
king who acts on the advice of the Cabinet alone even in the event that so clearly politically
motivated. Constitutional monarchy would be wise to ensure the concept of 'constitutionlism'
especially the abuse of power is fully implemented.
REFERENCES

Abdul Aziz Bari (2001), Perlembagaan Malaysia: Asas-Asas dan Masalah. Kuala Lumpur:
Dewan Bahasa dan Pustaka.

Abdul Aziz Bari (2005), Islam Dalam Perlembagaan Malaysia. Petaling Jaya: Intel
Multimedia and Publication.

Mohd Salleh Abas (1985), Unsur-Unsur Tradisi Dalam Perlembagaan Malaysia. Kuala
Lumpur: Dewan Bahasa dan Pustaka.

Tan Sri Dato’ Abdullah Bin Ayub, (cetakan pertama , 1961), Cara Pemerintahan Tanah
Melayu, Dewan Bahasa Dan Pustaka, Kementerian Pelajaran Malaysia, 1978.

http://www.ums.edu.my/fpp/images/stories/Document/SPSG2013/peranan%20institusi%20r
ajaraja%20melayu%20menurut%20perlembagaan%20dalam%20memelihara%20keduduka
n%20islam%20dari%20perspektif%20pendidikan%20sejarah%20nazri_ukm.pdf

www.MelayuOnline.com

www.Mygov.Malaysia.gov.my

www.mylawyerment.com