Constitution Part Of National History

By Dr. Wan Azhar Wan Ahmad

History must be made compulsory for all Malaysians at every level of education so that one may derive lessons from the past that matter.

Jim Baker, a modern writer on the history of Malaysia and Singapore, categorically states in his A Popular History of Malaysia and Singapore: Crossroads (2008) that the most distinctive features of the two countries are their multiracial populations.

He notes that the majority population, i.e. the Malays, have inhabited the land for almost 2,500 years. The other two main ethnic groups, the Chinese and Indians, were communities who were mostly brought to the region in the 19th and 20th centuries.

He continues that “it is the Malays who inhabited the area when modern written history began …”

The native sons of the soil were apparently the Malays. Established records indicate that they were already Muslims in the 13th century.

From the day they embraced Islam, the Malays were governed according to Islamic laws, as indicated by various classical legal artefacts and documents found in Terengganu and Malacca.

When the British colonised the region, they acknowledged the status quo by recognising the Islamic court, i.e. the Kathi`s court, or the Office of Qadis, which was placed at the lowest tier of the civil system that they introduced and imposed.

This recognition was reinforced when two British judges, in the landmark case of Ramah v. Laton (1927), in their judgment affirmed that Islamic law was the law of the land.

R.J. Wilkinson (d. 1941), an English historian of the Malay world, underlines the important status and role of Islamic law, affirming: “There can be no doubt that Muslim law would have ended up becoming the law of Malaya had not British law stepped in to check it.”

All the above indicate the role of Islamic law here and reflect the fact that it was deeply rooted in the life of the Malays. Indeed, it is the religion of Islam that gives the Malays their identity.

Therefore, when the Federal Constitution 1957 proclaims Islam as the religion of the federation and one of the defining characteristics of a Malay, it was done deliberately.

It is an unequivocal recognition of the long history of the country, effectively putting the last nail to the historical reality pertaining to the symbiotic relation between Malays and Islam.

One must also understand that when the Constitution was drafted and consequently approved, it aimed at protecting and enhancing the interests of the original sons of the land as well as indiscriminately safeguarding the interests and fair share of other communities. It tremendously shaped the legal set-up of the country and the relationship of its pluralistic society.

The final form of the Constitution as it is today actually represents the agreement achieved by all our earlier leaders of the three main ethnic groups fighting for independence and the formation of a harmonious nation.

Unfortunately, racial tension in our civil society resurfaces time and again.

To make it worse, these events are generally advocated by certain groups of professionals and the so-called educated, mainly those who read law.

They appear to simply ignore the history of our country and consider irrelevant some related historical truths and sensitivities.

Among the primary reasons for the suspicions and misunderstandings in our multi-ethnic community is an ignorance of history, or what may be referred to as historical blindness.

Sadly, our educational system for quite some time has been distancing many from our own history.

Not knowing our own history, many Malay-sians fail to appreciate correct interpretations of events and the painful sacrifices experienced by our forefathers in nurturing unity and stabilising the country.

However, the situation is not beyond repair. We must not perceive it as being chronic.

The situation is more like someone suffering from bad dandruff. The solution is not to sever the head, but rather to apply proper medication until the condition is remedied.

Dissatisfaction and grievances concerning certain provisions in our Constitution, Acts of Parliament or state enactments must not be resolved by repealing those statutory provisions/documents altogether, or by destroying institutions associated with them.

If there are shortcomings, say, in the administration of the syariah court, the right approach is not to abandon the entire Islamic legal and judicial system.

Indeed, Islamic law is essentially derived from a revealed source but its implementation involves human reasoning. And human reasoning is subject to error.

Misinterpretations and extremism from certain Muslim office bearers should not be regarded as necessarily the fault of Islam, neither an outright injustice to the parties concerned, Muslim or otherwise.

What all of us should do is to wisely put forth suggestions to refine or amend the existing relevant problematic provisions, enactments or Acts until all disputing parties get the justice they deserve.

If it is necessary to enact new laws, then by all means do so, irrespective of race or religion.

In the Islamic intellectual tradition, the biography and life of the Prophet Muhammad is referred to as sirah, and not tarikh (history) because it contains abundant admonitions and guidance.

It is now high time to make history compulsory for all Malaysians at every level of education. I cannot but agree with Prof Syed Muham-mad Naquib al-Attas that, for Muslims, history now becomes an obligation, a fardh ayn.

Not only the history of Islam, in relation to this country in particular, but the history of Islam in relation to the world in general.

I urge all Malaysians to accept and appreciate our respective historical experiences and realities.

Do not subscribe to the dichotomy of first class and second class citizenship, if any, as it is absolutely irrelevant if we understand history correctly.
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Dr. Wan Azhar Wan Ahmad is a senior fellow/ director of the Centre for Syariah Law and Political Science, Ikim

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