Publication: The discrimination of protection in the federal constitution from the perspective of ethnic relations in Malaysia
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Date
2012
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Abstract
This study aims at recognizing the rationale of the protection discrimination in the constitution from the perspective of ethnic relations in Malaysia, other than identifying and confirming if this kind of discrimination is against the concept of law equality and the concept of equality and justice in Islam. This study takes the shape of a qualitative study. The data was obtained from extensive library study. The findings have shown that the concept of protection discrimination is not opposed to the principle of law equality for the rectification of political, economic and social imbalance amongst the Malaysian people. The outcome of the discussion also produces the fact that the special position of the Malays is not conflicting with the principle of equality in Islam, with this based on four arguments, which are firstly, although the Malays are granted the privilege as dictated in the constitution, it is not through robbing off the non-Malays' properties and assets but instead having access to them through the excess from the overall economy. Second of all, the implementation done on this special status has not, in anyway, affected the economic, educational and political conditions of the non-Malays but even in sectors of economy and education, they non-Malays have fared way better than the Malay counterparts. Thirdly, the Malay's remarkable position has long existed before the Independence and re-included when the constitution was formulated. The final argument is that, this specialty is birthed from an agreement sealed through negotiations between ethnic groups.
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Equality, Ethnic, Federal constitution, Malaysia, Protection discrimination