Article 160 - Constitutional definition of Malay

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  By Tun Maharezza II in TUNMAHAREZZA X - the political council · Edit Doc · Delete

  
  

  Article 160(2) of the Constitution of Malaysia defines various terms used in the Constitution. It has an important impact on Islam in Malaysia and the Malay people due to its definition of a Malay person. The article defines a Malay as a person who satisfies two sets of criteria:

  
  

  First, the person must be one who professes to be a Muslim, habitually speaks the Malay language, and adheres to Malay customs.

  
  

  Second, the person must have been:

  
  

  (i) (a) domiciled in the Federation or Singapore on Merdeka Day, (b) born in the Federation or Singapore before Merdeka Day, or (c) born before Merdeka Day of parents one of whom was born in the Federation or Singapore, (collectively, the "Merdeka Day population") or

  
  

  (ii) is a descendent of a member of the Merdeka Day population.

  
  

  As being a Muslim is one of the components of the definition, Malay citizens who convert out of Islam are no longer considered Malay under the Constitution. Hence, the Bumiputra privileges afforded to Malays under Article 153 of the Constitution of Malaysia, the New Economic Policy (NEP), etc. are forfeit for such converts. Likewise, a non-Malay Malaysian who converts to Islam can lay claim to Bumiputra privileges, provided he meets the other conditions. A higher education textbook conforming to the government Malaysian studies syllabus states: "This explains the fact that when a non-Malay embraces Islam, he is said to masuk Melayu (become a Malay). That person is automatically assumed to be fluent in the Malay language and to be living like a Malay as a result of his close association with the Malays."

  
  

  Due to the requirement to have family roots in the Federation or Singapore, a person of Malay extract who has migrated to Malaysia after Merdeka day from another country (with the exception of Singapore), and their descendants, will not be regarded as a Malay under the Constitution as such a person and their descendants would not normally fall under or be descended from the Merdeka Day Population.

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