[CALS Article] Opinion: Malaysia’s Constitution is pluralist — and that’s good for all its people

The Director of the Centre for Asian Legal Studies (CALS), Dr Jaclyn L. Neo, puts forward in The Edge Malaysia that the Federal Constitution of Malaysia is fundamentally pluralist—rather than simply secular versus Islamic or liberal versus non-liberal. She explains that the Constitution draws its strength from multiple sources of authority, communities and legal traditions that co-exist within a single framework.

By design, the Constitution accommodates the parliamentary-democratic system, the traditional role of the Malay rulers, and regional federal structures—showing its intent to balance modern political demands with longstanding cultural and institutional legacies.  It further recognises religious diversity by declaring Islam the religion of the Federation while simultaneously protecting the freedom to practise other religions.

Legal pluralism too is embedded: the Constitution brings together English common-law heritage, Shariah law and native customary law under its overarching supremacy.  According to Dr Neo, the goal is not to flatten this complexity into one monolithic system, but to embrace a framework where difference is integrated rather than sidelined.

She cautions, however, that pluralism should not be interpreted as licence for anything to go unchecked. It must operate with fairness, openness to change and respect for all communities. In her view, Malaysians would benefit from recognising this pluralist foundation—not as a weakness to be worked around, but as a core strength to be nurtured—building a more inclusive constitutional order in the process.