THE Conference of Rulers is the only institution that can restore balance in a fragmented Malaysia, said Prof Dr Shad Saleem Faruqi.

“With the executive, the judiciary (barring some exceptions), Parliament, the civil service and police unwilling to rise to the task, the Conference (of Rulers) is the only institution that can restore balance, counsel moderation and rein in extremists,” Shad said at the LAWASIA Constitutional & Rule of Law Conference in Petaling Jaya today.

“Among such areas (they can act) is in the overzealousness of state authorities to enact laws on Islam that violate federal-state divisions of power, depriving Muslims of fundamental liberties and adversely affecting the rights of non-Muslims,” said the Universiti Malaya constitutional law lecturer at the session entitled “Constitutional Role of the Rulers & the Conference of Rulers in Malaysia”.

He said Muslims today were being deprived of their fundamental rights enshrined in the federal constitution as state assemblies had the power to enact laws that were prejudicial to Islam.

Citing the fact that laws in all states require Muslims to acquire a permit from local religious authorities before speaking on Islam, Shad said he himself would not be able to lecture on Islamic jurisprudence under such conditions.

“I know the power (of state assemblies) exists but there should be limits.

“Fundamental rights are not subject to Schedule 9 (of the federal constitution) but the other way around.”

Shad said states had the “power to create and punish against the precepts of Islam” by enacting laws that deprived Muslims of their fundamental rights.

In such cases, it is the Conference of Rulers that can play the role of a mediator and balance such forces to curb extremism, Shad said.

Shad said Articles 38 and 159 (5) of the federal constitution granted the Conference the power to advise on any matter and gave it veto power on issues such as religion, rights and privileges of the Malays and Bumiputera and the national language.

“The constitution explicitly authorises the Conference to deliberate questions of national policy and any other matter it deems fit. It can ask the government to justify policies and supply any information.

“The Conference can promote more openness and transparency.”

For example, he said in October 2015, the Conference had issued a strongly worded statement on 1Malaysia Development Bhd to the government, calling for greater transparency, credibility and integrity.

“It also expressed dismay over politicians and civil society bodies sensationalising racial and religious issues.

“The Conference’s assertive involvement implies that it is not a mere ceremonial body. It is a constitutional auditor and part of Malaysia’s checks-and-balances mechanism.

“It can scrutinise any issue, ask any question and seek any information. It can also advise on any matter and seek to build bridges between communities, heal wounds and unify our divided and disparate communities,” said Shad.

Also at the session was Malaysian Centre for Constitutionalism and Human Rights chief Firdaus Husni. The session was moderated by former Bar Council constitutional law chairman Syahredzan Johan. – October 4, 2019.