Fixing the Constitutional Lacuna May Be Easier Than We Think


Countries can manage having two separate sets of laws, but Malaysia has ended up without a final arbiter in key legal cases that involve both. We need to fix this problem.

By virtue of Articles 5 to 13 of the Federal Constitution, every Malaysian citizen is accorded the inalienable right to, inter alia, personal liberty, due process of law, property rights, freedom of religion, freedom of speech, freedom of movement, freedom of association, and most importantly, justice and equality before the law.

Unfortunately, the disappointing reality of Malaysian life is that many of these rights are systemically infringed upon – a fact that is not lost on victims of custodial disputes between Muslim and non-Muslim parents, who find that the law provides neither justice nor equality.

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