The Conflation of Ethnicity and Religion in Malaysia: A Reflection

Authors

• Mahmood Chandia, University of Central Lancashire, UK
• Kartina A. Choong, University of Central Lancashire, UK

Abstract

According to the Malaysian Constitution, a "Malay" is one who, among other things, professes the religion of Islam. All Malays are, by legal definition, at least Muslims and they are not at liberty to leave Islam since a renunciation of the Islamic faith is tantamount to a renunciation of one's legally defined ethnic identity. This constitutional conflation of ethnicity and religion, which also serves the purpose of uniting the Malays and advancing their socio-economic interests, has been a distinct feature of the social landscape of the country since 1957, when it gained independence from British rule. This Article seeks to analyse the extent to which such ethnicization and politicization of faith, and the attending restriction on religious freedom, are reflective of Islamic law and thought. In highlighting the tensions that these two propensities give rise to, it poses the question: should ethnicity be de-coupled from faith as a better way forward for a secular Constitution? Nevertheless, it also appreciates the challenge of balancing faith, ethnicity and politics.

Disciplines

Constitutional Law | Human Rights Law | Law | Law and Politics | Religion Law

Recommended Citation

Mahmood Chandia & Kartina A. Choong, The Conflation of Ethnicity and Religion in Malaysia: A Reflection, 23 Cardozo J. Int'l & Comp. L. 353 (2015).
Available at: https://larc.cardozo.yu.edu/cjicl/vol23/iss2/5