FSU PUBLIC LECTURE ON ISLAM, STATE AND THE CONSTITUTION

Prepared by

Muzaffar Syah Mallow

On 27 April 2018, the Faculty of Syariah & Law (FSU), USIM had successfully organized a public lecture delivered by Y.Bhg Professor Dr. Haji Abdul Samat Musa entitled “Islam, State and the Constitution in Malaysia and Islamic Constitutional Theory: Their Relationships and Challenges”. This public lecture provides an extensive historical background of Islam in the Malaysian legal landscape, the unique features of the Federal Constitution and the position of Islam and the State in the context of Islamic constitutional theory in like with the Islamic position under the Malaysian Federal Constitution. Article 3 of the Malaysian Federal Constitution declares that Islam is the religion of the Federation but it then goes on to say that this does not affect the other provisions of the Constitution. States may create their own laws to govern Muslims in respect of Islamic law and personal and family law matter. States may create Syariah courts to adjudicate over Muslims in respect of State Islamic laws. States may also create laws in relation to offences against percepts of Islam but this is subject to a number of limitations: (i) such laws may only apply to Muslims, (ii) such laws may not create criminal offences as only Parliament has the power to create criminal laws and (iii) the State Syariah Courts have no jurisdiction over Islamic offences unless allowed by federal law. The The faculty would like to send its deepest congratulations to Y. Bhg Professor Dr. Haji Abdul Samat Musa and all FSU staffs and students involved with the public lecture.

 Faculty of Syariah and Law
Universiti Sains Islam Malaysia, Bandar Baru Nilai, 71800, Nilai, Negeri Sembilan, Malaysia.

Tel: +606-798 8525/8523/8522, Fax: +606-798 8531/8530, Email: helpdesk[at]usim.edu.my