This paper examines the issue of the relationship between the Universal Declaration of Human Rights and the Malaysian Federal Constitution. Article 3(1) of the Federal Constitution specially singles out Islam as the religion of the Federation of Malaysia. This provision therefore, prima facie, conflicts with the provisions of the UDHR which require that people are not discriminated against on the basis of, among other grounds such as religion.
This paper argues that even though the provisions are in conflict with the provisions of the UDHR, they are however necessary. The necessity of the Malaysian Federal Constitution’s declaration that Islam is the religion of the Federation founds on the basis of the fact of cultural relativism within the realm of international human rights. It argues that most global human rights instruments, such as the UDHR, are designed as per the standards of the Western democracies.
As a result, most non-Western countries find deficiencies with certain aspects of such instruments which they feel are not in sync with their own realities. Consequently, such countries tend to limit the international human rights instruments to what they consider respecting the unique circumstances of their own countries.
Therefore, this paper presents the view that notwithstanding the conflicts between the Constitution of the Malaysian Federation and the UDHR owing to the special role of Islam in the Constitution, such special mention is a limitation of the UDHR so as to fit into the unique circumstances of the Malaysians who are largely Muslims.
This special mention of Islam in the constitution of the Federation is both appropriate and in order, in that it reflects the historical background that creates a middle-ground approach in optimizing the role of religion in a modern democracy.
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