Perlembagaan Persekutuan
Applies to: Federal (whole of Malaysia; came into force on Merdeka Day, 31 August 1957, and was extended to Sabah and Sarawak on Malaysia Day, 16 September 1963) · Official text ↗
- The Constitution is the supreme law: any law that conflicts with it is void to the extent of the conflict (Art 4(1)).
- Part II (Arts 5 to 13) protects fundamental liberties (kebebasan asasi) such as personal liberty, equality, free speech, religion and property. Most of these rights can be limited by laws passed by Parliament.
- Islam is the religion of the Federation, but other religions may be practised in peace and harmony (Art 3(1)).
- Federal and State powers are divided by the Ninth Schedule: a Federal List, a State List and a Concurrent List.
- Judicial power belongs to the courts set up under Part IX (Art 121). The Federal Court has held that the 1988 amendment to Art 121 did not take this power away.
- Most amendments need a two-thirds majority of all members in each House of Parliament (Art 159(3)). Some also need the consent of the Conference of Rulers or of the Yang di-Pertua Negeri of Sabah and Sarawak.
What the Constitution is
The Federal Constitution (Perlembagaan Persekutuan) is Malaysia's highest law. It came into force on Merdeka Day, 31 August 1957, and was extended when Malaysia was formed on 16 September 1963. It sets up the Yang di-Pertuan Agong, Parliament (Dewan Rakyat and Dewan Negara), the federal government, the courts and the Election Commission. It also divides law-making power between the Federation and the 13 States.
Article 4(1) makes the Constitution the supreme law of the Federation. Any law passed after Merdeka Day that is inconsistent with it is void to the extent of the inconsistency. This is why a court can strike down a provision of an Act or a State Enactment. A challenge on the ground that Parliament or a State Legislature had no power to make the law at all is treated specially: it generally needs the leave of a Federal Court judge (Art 4(3) and (4)).
Each State also has its own State Constitution, which deals with the Ruler or Yang di-Pertua Negeri, the State Legislative Assembly and the State government. State Constitutions must be consistent with the Federal Constitution.
Fundamental liberties: Part II (Articles 5 to 13)
Part II lists the fundamental liberties (kebebasan asasi). They mainly protect people against the State, not against private persons. Almost all of them can be restricted by laws that Parliament passes for purposes the Constitution allows.
| Article | What it protects | Main limits |
|---|---|---|
| Art 5 | Life and personal liberty, which can only be taken away in accordance with law. An arrested person must be told the grounds of arrest, may consult a lawyer of their choice, and must be brought before a magistrate within 24 hours (not counting travel time). | The 24-hour rule does not apply to non-citizens arrested under immigration law. Preventive detention laws under Part XI are also allowed. |
| Art 6 | No slavery; no forced labour. | Compulsory service required by federal law (such as national service) and work by prisoners are allowed. |
| Art 7 | No punishment for an act that was not an offence when it was done, and no heavier punishment than the law allowed at the time. No second trial for the same offence after acquittal or conviction. | A retrial ordered by a court is allowed. |
| Art 8 | Equality before the law and equal protection of the law. No discrimination against citizens only on the ground of religion, race, descent, place of birth or gender. ("Gender" was added in 2001.) | Personal law (such as Islamic family law), the special position of the Malays and natives of Sabah and Sarawak (Art 153), and some other exceptions listed in the Article. |
| Art 9 | No banishment of citizens. Freedom of citizens to move and live anywhere in the Federation. | Laws on security, public order, health and punishment of offenders. Sabah and Sarawak may control entry from other States. |
| Art 10 | Freedom of speech and expression, peaceful assembly without arms, and association, for citizens. | Parliament may impose restrictions it considers necessary for security, public order, morality, friendly relations with other countries, parliamentary privilege, and against contempt of court, defamation or incitement to an offence (Art 10(2) to (4)). |
| Art 11 | Every person may profess and practise their religion and, subject to Art 11(4), propagate it. No one is forced to pay a tax for a religion other than their own. | State and federal law may control or restrict the propagation of other religions among Muslims (Art 11(4)). Acts against public order, public health or morality are not protected (Art 11(5)). |
| Art 12 | No discrimination against citizens in public education on grounds only of religion, race, descent or place of birth. Religious groups may set up schools for children of their faith. | The religion of a person under 18 is decided by their parent or guardian (Art 12(4)). |
| Art 13 | No one may be deprived of property except in accordance with law. A law cannot provide for compulsory acquisition or use of property without adequate compensation. | Property may still be acquired under a valid law, for example the Land Acquisition Act 1960, if adequate compensation is paid. |
If you think a public authority has breached one of these rights, the usual route is judicial review in the High Court, or raising the point in a case already before the court. See The courts.
Religion: Article 3
Article 3(1) says that Islam is the religion of the Federation, but other religions may be practised in peace and harmony in any part of the Federation. Article 3(4) adds that nothing in Article 3 takes away from any other provision of the Constitution, so Article 3 does not by itself override the fundamental liberties.
Each Ruler is the Head of the religion of Islam in his State. The Yang di-Pertuan Agong is Head of Islam in Melaka, Penang, Sabah, Sarawak and the Federal Territories. Islamic law and Syariah courts are mainly matters for the States (State List, Ninth Schedule) and, for the Federal Territories, for Parliament. Article 121(1A) says the civil High Courts have no jurisdiction over matters within the jurisdiction of the Syariah courts. See Sharia in the Constitution and Malaysian law and Sharia.
Citizenship (Part III)
Citizenship is dealt with in Part III (Articles 14 to 31) and the Second Schedule. In outline, a person can become a citizen:
- by operation of law (kewarganegaraan melalui kuat kuasa undang-undang): for example, a person born in Malaysia when at least one parent was a citizen or a permanent resident, or a person born outside Malaysia to a citizen father whose birth is registered as the Constitution requires;
- by registration (pendaftaran): for example, the wife of a citizen, or a child under 21 under Art 15(2), at the Federal Government's discretion;
- by naturalisation (naturalisasi): for adults who meet residence, good character and language requirements (Art 19).
Citizenship can be renounced, and in limited cases taken away (deprivation) by the Federal Government.
Recent amendment. In October 2024 Parliament passed the Constitution (Amendment) Bill 2024. Among other changes, it gives citizenship by operation of law to children born overseas to a Malaysian mother, on the same footing as a Malaysian father. It does not apply to children born before it takes effect. As of June 2026 the Home Ministry said preparations were complete but the start date was still being fixed. Until it is in force, mothers can apply for an overseas-born child's citizenship by registration under Art 15(2). Check with the National Registration Department (JPN) for the current position.
Federation and States: the Ninth Schedule
Malaysia is a federation, so power to make laws is divided. Article 74 and the Ninth Schedule set out three lists:
- Federal List (List I): Parliament makes laws on, for example, external affairs, defence, internal security, civil and criminal law and procedure, the courts (other than Syariah courts), citizenship, finance, trade, shipping, communications, education, health and labour.
- State List (List II): State Legislatures make laws on, for example, Islamic law and Muslim personal and family law, Syariah courts, land, agriculture and forestry, local government, and Malay customs.
- Concurrent List (List III): both may legislate, for example on social welfare, town and country planning, public health and drainage.
Sabah and Sarawak have supplementary lists giving them extra powers (Lists IIA and IIIA). If a federal law and a State law are inconsistent, the federal law prevails and the State law is void to the extent of the inconsistency (Art 75).
The judiciary: Part IX (Article 121)
Article 121(1) sets up two High Courts of equal standing, the High Court in Malaya and the High Court in Sabah and Sarawak, and the subordinate courts that federal law provides for. Above them are the Court of Appeal (Art 121(1B)) and the Federal Court (Art 121(2)), the highest court. Judges are appointed by the Yang di-Pertuan Agong on the Prime Minister's advice after consulting the Conference of Rulers (Art 122B). Their security of tenure is protected: a superior court judge can only be removed on the recommendation of a tribunal (Art 125).
In 1988 Article 121(1) was amended so that the courts have jurisdiction and powers "as may be conferred by or under federal law". In Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat [2017] 3 MLJ 561 and Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak [2018] 1 MLJ 545, the Federal Court held that judicial power remains with the civil courts despite that amendment, and that judicial review is part of the basic structure of the Constitution. For how the courts work in practice, see The courts and Courts of Judicature Act and Subordinate Courts Act.
Amending the Constitution (Article 159)
The Constitution can be amended by federal law, but with special majorities:
- General rule (Art 159(3)): the Bill must be supported, at its second and third readings, by at least two-thirds of the total number of members of each House, not just those present.
- Consent of the Conference of Rulers (Art 159(5)): also needed for amendments to sensitive provisions, including Art 10(4) and laws made under it, Part III (citizenship), Art 38 (Conference of Rulers), Art 63(4) and 72(4) (parliamentary and State privilege), Art 70, Art 71(1), Art 152 (national language) and Art 153 (special position of the Malays and natives of Sabah and Sarawak).
- Sabah and Sarawak (Art 161E): amendments to certain matters of special concern to those States also need the concurrence of the Yang di-Pertua Negeri of the State concerned.
- A few minor kinds of amendment can be made by a simple majority (Art 159(4)).
Recent amendments include lowering the voting age to 18 with automatic voter registration (Constitution (Amendment) Act 2019; in force 15 December 2021), the anti-party-hopping provision, Article 49A, under which an MP who leaves or is expelled from their party generally loses their seat (in force 5 October 2022), and the 2024 citizenship amendments described above.
Laws cited on this page
| Act 286 | Defamation Act 1957 · Akta Fitnah 1957 | Official text |
| Act 486 | Land Acquisition Act 1960 · Akta Pengambilan Tanah 1960 | Official text |
| Act 574 | Penal Code · Kanun Keseksaan | Official text |
| Act 588 | Communications and Multimedia Act 1998 · Akta Komunikasi dan Multimedia 1998 | Official text |
| Act 593 | Criminal Procedure Code · Kanun Tatacara Jenayah | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Key sections
| Provision | What it says, in plain words |
|---|---|
| Art 3 | Islam is the religion of the Federation; other religions may be practised in peace and harmony. |
| Art 4(1) | The Constitution is the supreme law; inconsistent laws are void to the extent of the inconsistency. |
| Art 5 | Right to life and personal liberty; rights on arrest, including access to a lawyer and the 24-hour rule. |
| Art 8 | Equality before the law; no discrimination against citizens on religion, race, descent, place of birth or gender, subject to listed exceptions. |
| Art 10 | Freedom of speech, assembly and association for citizens, which Parliament may restrict on listed grounds. |
| Art 11 | Freedom of religion; States may control propagation of other religions among Muslims. |
| Art 13 | No deprivation of property except in accordance with law; adequate compensation for compulsory acquisition. |
| Arts 14 to 31 | Citizenship: by operation of law, registration and naturalisation; renunciation and deprivation. |
| Art 74 and Ninth Schedule | Division of law-making power: Federal, State and Concurrent Lists. |
| Art 75 | Where federal and State laws conflict, the federal law prevails. |
| Art 121 | Sets up the High Courts, Court of Appeal and Federal Court; Art 121(1A) excludes Syariah court matters from the civil High Courts. |
| Art 153 | The Yang di-Pertuan Agong's responsibility to safeguard the special position of the Malays and natives of Sabah and Sarawak and the legitimate interests of other communities. |
| Art 159 | How the Constitution is amended: two-thirds majorities, and Rulers' consent for sensitive provisions. |
| Art 161E | Extra safeguard for Sabah and Sarawak: certain amendments need the State's concurrence. |
Worked examples
Facts. Ravi is arrested on a Friday night for suspected theft. His family is told he will be kept "until the investigation is done". By Monday he has not been taken before a magistrate and no remand order has been made.
The law. Art 5(4) requires an arrested person to be brought before a magistrate without unreasonable delay and within 24 hours (excluding travel time), and he cannot be held longer without a magistrate's authority. The Criminal Procedure Code (s 28 and s 117) puts this into practice.
Outcome. Holding Ravi beyond 24 hours without a remand order is unlawful. His family should get a lawyer (free help is available from the National Legal Aid Foundation, YBGK) who can raise this with the magistrate or apply to the High Court for habeas corpus. See Your rights when arrested.
Facts. Puan Aminah's orchard is acquired by the State for a new highway. She is offered a sum she thinks is far below market value.
The law. Art 13 allows property to be taken only in accordance with law and requires adequate compensation for compulsory acquisition. The procedure and the right to object to the amount are in the Land Acquisition Act 1960.
Outcome. She cannot stop a lawful acquisition simply by refusing, but she can object to the amount of compensation through the procedure in the Land Acquisition Act within the time allowed, and the matter can go to court. She should get a valuer's report and legal advice quickly.
Facts. A State Legislative Assembly passes a law on a subject in the Concurrent List that conflicts with an existing federal Act on the same subject.
The law. Under Art 75, where a State law is inconsistent with a federal law, the federal law prevails and the State law is void to the extent of the inconsistency. Under Art 4, any law inconsistent with the Constitution itself is also void.
Outcome. A person affected can ask a court to declare the State provision void to the extent of the conflict. Challenges based on lack of legislative power go through the special procedure in Art 4(3) and (4).
Facts. Mr Tan, a citizen, is told he may face action for social media posts about a public figure. He says Art 10 protects his free speech.
The law. Art 10(1)(a) gives citizens freedom of speech and expression, but Art 10(2)(a) lets Parliament restrict it, including through laws on defamation, public order and incitement. Laws such as the Defamation Act 1957, the Penal Code and the Communications and Multimedia Act 1998 are examples.
Outcome. Art 10 does not make every statement lawful. Whether he is liable depends on the specific law used and what he wrote. He should get advice on the specific allegation. See Defamation Act 1957 and Communications and Multimedia Act 1998.
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Is Malaysia an Islamic state under the Constitution?
Art 3(1) makes Islam the religion of the Federation and allows other religions to be practised in peace and harmony. Art 4 makes the Constitution, not any religious text, the supreme law. Islamic law applies to Muslims in the matters the Ninth Schedule gives to the States, through State Enactments and Syariah courts. How these provisions fit together is still debated, and the courts have dealt with it case by case.
Do fundamental liberties apply to non-citizens?
Some do and some do not. Art 5 (life and liberty), Art 6, Art 7, Art 8(1) (equality before the law), Art 11 and Art 13 protect "persons", which includes non-citizens. Art 9 (movement), Art 10 (speech, assembly, association) and Art 12 (education) are limited to citizens. Art 5(4) has a special rule for non-citizens arrested under immigration law.
Can I sue a private company for breaching my constitutional rights?
Generally, the fundamental liberties protect you against the State and public authorities, not against private persons. Against a private party you normally rely on ordinary law, such as contract, tort, employment or anti-discrimination provisions in specific Acts. A lawyer can advise whether a public body is involved.
What is the Ninth Schedule?
It is the part of the Constitution that lists which subjects belong to Parliament (Federal List), which belong to the States (State List) and which both may legislate on (Concurrent List). For example, criminal law is federal, land and Islamic law are State matters, and town planning is concurrent (Art 74).
How hard is it to amend the Constitution?
Most amendments need the votes of at least two-thirds of all members of the Dewan Rakyat and of the Dewan Negara (Art 159(3)). Sensitive provisions, such as citizenship, the national language and Art 153, also need the consent of the Conference of Rulers (Art 159(5)). Some matters concerning Sabah and Sarawak also need the State's agreement (Art 161E).
Can a court strike down an Act of Parliament?
Yes, to the extent it is inconsistent with the Constitution (Art 4(1)). Courts usually try first to read a law in a way that fits the Constitution. A challenge that Parliament or a State had no power at all to make the law follows a special procedure needing Federal Court leave (Art 4(3) and (4)).
Does my child born abroad get Malaysian citizenship through me as the mother?
Parliament passed an amendment in 2024 to give overseas-born children of Malaysian mothers citizenship by operation of law, but it only applies to children born after it comes into force. As of mid-2026 the start date was still being fixed. Until then, you can apply for citizenship by registration under Art 15(2). Check the latest position with JPN or a Malaysian embassy.
All questions & answers → · Ask your own →
Sources
- Federal Constitution, Laws of Malaysia portal (Attorney General's Chambers)
- Federal Constitution text, Parts I to III (reprint via Low & Partners)
- Malay Mail: Hafiz Hassan on Art 159 and sensitive provisions (2022)
- ConstitutionNet: Chief Justice on Semenyih Jaya and Indira Gandhi (judicial power, Art 121)
- Mondaq: Indira Gandhi v Pengarah Jabatan Agama Islam Perak [2018] 1 MLJ 545
- The Star (June 2026): Government close to fixing start date for citizenship amendment
- Malay Mail (Jan 2026): Citizenship amendment set to take effect mid-2026
- The Vibes: Undi18 in force on 15 December 2021 (Federal Gazette)
- FMT: Anti-hopping law in effect from 5 October 2022
Related
How Malaysian law worksCourts and their powersCourts of Judicature Act 1964 and Subordinate Courts Act 1948Sharia in the Federal ConstitutionMalaysian law and Sharia comparedYour rights when arrestedCriminal Procedure CodeGlossary of legal terms