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Transcript of CONTRACT SOCIAL
FARAH FADHILAH BINTI FAHRUR RAZI
MOHD FARHAN BIN SULAIMAN
AZRUL SYAFIQ BIN ZAINOL ABIDIN
NOR AMYLIANA BINTI CHE HAMID
MOHAMAD AMIRUL BIN ANUAR
KC11046 SOCIAL CONTRACT AS THE BASIC
OF CONSTITUTION IN MALAYSIA Malay’s history on
the social contract Introduction and the history of social contract in Malaysia Introduced by: PERJANJIANPANGKOR
20 JANUARI 1874 Perjanjian
1896 Perjanjian Persekutuan
1 Februari 1948 Perlembagaan
Persekutuan 1957 HISTORY OF SOCIAL
CONTRACT AS THE
IN MALAYSIA Persekutuan Tanah
Melayu to Malaysia
in 1963 Chronology of the
Malaysian Constitution 1905 Majlis Mesyuarat
(MMP) established No power over
and Malay Rulers 1927 Authorized to make laws. Under the Malayan
Union, the power lies
with the Governor 1948 Malayan Union
was abolished and
Tanah Melayu was
1955 The first election was held to elect members of the Majlis Perundangan Persekutuan Every Malay states have their own constitution Mac
1956 Constitution Committee was formed, headed by Lord Reid July
1963 Malaysia Agreement signed in London by the British government, the Federation of Malaya, Singapore, Sabah and Sarawak ISLAM
Islam is the religion of the Federation
Position and sovereignty of the Malay Rulers should not be questioned
PRIVILEGES of MALAY
Malay privileges to strengthen Malay dominance in the Federation of Malaya
Malay is the national language MALAYS CITIZENSHIP RIGHTS
Citizenship based on the principle of jus soli NON MALAYS cont...
Social contract taking into account the position of the non-Malays and Chinese in the country to be independent from Britain.
Is the result of bargaining processes between the Malays and non-Malays
The Social Contract 1948 form the basis of the Federation of Malaya in 1948 SOCIAL CONTRACT & FEDERAL CONSTITUTION SOCIAL CONTRACT IN THE FEDERAL CONSTITUTION Through the Social Contract, the non-Malays be given the right of citizenship based on the principle of jus soli loose
Waiver of the language requirement for non-Malay Malay
The Malays were provided in the constitution of the Islamic religion, the Malay language, the special position of the Malays and the position of the Malay Rulers
Constitution of Malaya was declared on August 31, 1957
Renewed when Singapore, Sabah and Sarawak merged to form Malaysia on 16 September 1963 ARTICLE 3 Religion Islam is the religion of the federation IMPLICATIONS
The government (federal or state) have the freedom, power and privilege to: Establish, maintain, support the establishment of Islamic institutions
Implement the teachings of Islam
Removing the expenditure required for the purpose RATIONALE ARTICLE 3 Although Islam is the religion of the federation but freedom of religion is guaranteed in the constitution
Islam has been accepted as the religion of the federation since the time of the Malacca Sultanate until the British administration.
Use of Islamic law has been recognized in the Malay States before British colonization
During the British occupation, the position of Islam did not harassed and English affairs of Islam to the Malay rulers.
In accordance with the definition of a Malay; Article 160 defines a Malay as a Muslim, habitually speaks the Malay language and practices Malay customs BALANCE OF ARTICLE 3 ARTICLE BALANCE: Article 11 (1)
State of other religions may be practiced in peace & harmony in any part of the federal freedom of religion Legal provisions prevention Guaranteed in the constitution against all religionsEveryone has the right to profess & practice subject to Article 11 (4) Article 11 (4) states the law states and territories can restrict or control the expansion of other religions to Muslims In Article 11 (3) states every religious group entitled:
Manage its own religious affairs
Establish and maintain institutions for religious or charitable purposes
Acquire and own property and hold and manage them according to the law ARTICLE 152 The national language is Bahasa Melayu (which by implication are required to be used for official purposes) IMPLICATIONS No person shall be prohibited or prevented from using (other than official purposes) or to teach or learn any other language. The Government reserves the right to retain the use and learning of other languages in the alliance. RATIONAL ARTICLE 152 The need for
a national language to unite people of all races
Bahasa Melayu has become the lingua franca of the archipelago for centuries
Bahasa Melayu is easier to learn and be more consistent in terms of terminology and references
Bahasa Melayu was widely used before World War for official purposes. ARTICLE 153 Talking about the special position of the Malays and natives of Sabah and Sarawak IMPLICATIONS implement policies to safeguard the special position in terms of positions in the public service, scholarships, business, education and other special facilities
should ensure that no one feels the loss of any public office, the withdrawal of scholarships, privileges or dismissal and termination of permits for their enjoyment as a result of the implementation of those policies..
protect other races RATIONAL ARTICLE 153 Citizenship
Malay people accept the principle of jus soli and the non-Malays must accept the privileges of the Malays
During the colonial period and the early years of independence, very few Malays who work with the government Economy
Malays only be observers to the economic boom in Malaya / Malaysia
Malay majority is poor, especially in rural areas, it is difficult to get access to education
The Malays are still less involved in the trading and should be supported and guided WHY SOCIAL CONTRACT IS IMPORTANT FOR US??? without Social contract, there’s no CONSTITUTION To ensure that all people get their rights and privileges malay special right Economic, politic & social rights of non-Bumiputeras Key of Malaysian unity Implication of Social contract JUS SOLI MULTIRACIAL COUNTRY APPLICATION OF CONTRACT SOSIAL GROUP 1