Rights
A federal constitutional monarchy with parallel civil and Sharia jurisdiction
The Federal Constitution of 1957 establishes a federation of thirteen states with a rotating elective monarch, the Yang di-Pertuan Agong. Article 121(1A) removes from the civil courts jurisdiction over matters within the Sharia courts' competence, creating a genuine and much-litigated boundary problem, particularly in conversion and custody cases.
Governing law
- Federal Constitution of Malaysia, 1957 — As amended; Article 121(1A) inserted 1988.
- Malaysia Agreement, 1963 — Sabah and Sarawak special position.
In practice
The Yang di-Pertuan Agong is elected for five years from among the nine Malay Rulers. Article 121(1A) excludes civil court jurisdiction over matters within Sharia court jurisdiction. Part II guarantees fundamental liberties, subject to substantial statutory restriction powers. Article 153 provides for the special position of the Malays and natives of Sabah and Sarawak. The civil/Sharia jurisdictional boundary is the most consequential constitutional issue in practice — it determines forum in family and conversion disputes. Sabah and Sarawak hold distinct constitutional protections under the Malaysia Agreement 1963, including immigration autonomy.