PRIME Minister Anwar Ibrahim has called on Kedah Menteri Besar Muhammad Sanusi Md Nor to read and understand the Federal Constitution before making claims on the ownership of Penang.

Having read the Constitution, I am trying to make sense of Sanusi’s claim.

Sanusi said “Penang belongs to Kedah”, but – and it is a big and bold “but” – Penang:

1. Is a state which makes up the States of the Federation of Malaysia as declared by article 12 of the Federal Constitution;

2. Has a territory of its own which is accorded recognition by article 13 of the Constitution;

3. Not only has a state constitution but one that has a provision for conferring on the Yang di-Pertuan Agong the position of head of the religion of Islam in the state;

4. Has a state constitution with a federal guarantee under article 71 of the Constitution;

5. Has a state legislative assembly whose constitution and privileges are accorded federal protection under article 72 and eighth schedule of the Constitution.

When the concept of “state” as it is known today was formulated, it referred to the ruler (See Heinz Lubasz, The Development of the Modern State [1964]). Up to the end of the 17th century, the state still referred to the king. By the 18th century, the state referred to a government – a ruling entity, which is an abstract concept. The state no longer referred to a person 

The modern state has a number of characteristics.

1. It has territory recognised by international law;

2. It is sovereign and is not subject to the rules imposed by other states;

3. It is governed by a system of law;

4.  Distinction between state and society.

So, does Penang belong to Kedah? – May 31, 2023.

* Hafiz Hassan reads The Malaysian Insight.