Baru Bian: Thank you, Tuan Speaker, my motion reads
whereas: (1) The founding father, Bapa Malaysia, Tunku Abdul Rahman stated it
plainly in Parliament. I quote: “I would like to make it clear that this
country is not an Islamic State as it is generally understood, we merely
provided that the Islam shall be the official religion of the State”. [Hansard
1 st May 1958].
(2) Article 4(1) of the Federal Constitution states:
“This Constitution is the supreme law of the Federation and any law passed
after Merdeka Day which is inconsistent with this Constitution shall, to the
extent of the inconsistency, be void”.
(3) The Supreme Court in the case of Che’ Omar Che’ Soh
against Public Prosecutor [1988] 2MLJ 55 led by the then Lord President Tun
Salleh Abas affirmed the supremacy of the Federal Constitution as stated under
Article 4(1) and that Article 162 preserves the continuity of secular law in
Malaysia which existed before the Federation of Malaysia.