UNIVERSITI UTARA MALAYSIA

OYA GRADUATE SCHOOL OF BUSINESS

GMUL 5063
ETHICS, LAW & CORPORATE SOCIAL RESPONSIBILITY
MID TERM EXAM

PREPARED BY:
MOHD HAPIZI BIN MOHD FATHER (818014)

PREPARED FOR:
MRS. ROOS NIZA BINTI MOHD. SHARIFF

QUESTION 1
Sept 16, 1963 Date of magic that made history, the date of the formation of the Malaysian
Federation. Malaya, Sabah, Sarawak and Singapore joined into one. Thus was born a new
country 'Malaysia'.
The Federal Constitution is the cornerstone of the country. The first constitution drafted
for the Federation of Malaya has undergone significant modifications to the formation of
Malaysia.
The Federal Constitution is the cord to the country. The Constitution as originally
formulated for the Federation of Malaya have been significant modifications with the formation
of Malaysia.
To understand how to Sabah and Sarawak became part of Malaysia in 1963, it is
important to know its history. The State ruled by the Rajah Sir James Brooke for more than 100
years whilst Sabah ruled by the Sultan of Sulu and British Policing before the two States became
colonies of the British Empire after World War II.

When the Federation of Malaya achieved

independence in 1957, the people of Sabah and Sarawak began to talk about the independence of
their States. Questions of Sabah and Sarawak formed the Federation with other countries lead to
the establishment of the Commission, led by Lord Cobbold to get to know the needs of the
people of Sabah and Sarawak.
After talking to various parties, the Commission reported that the majority of the people
of Sabah and Sarawak will agree to form a Federation with the Malay Peninsula if there is
special protection to safeguard their interests. A Government Committee has been formed
consisting of Government Land, the British Government, Sabah and Sarawak to draw up special
protection for Sabah and Sarawak. In July 1963, "Malaysia's Agreement" signed in London
between the British Governments and Malaya, Sarawak, Sabah and other parties (including
Singapore) to form Malaysia, and such agreement including interest and special protection for
Sabah and Sarawak, recommended by the Intergovernmental Committee.

Parliament of Malaya and then make changes to the Constitution of 1957 to make it
Federal Constitution for Malaysia, and special protection for Sabah and Sarawak is included in
the Constitution. On 16 September 1963, may our Malaysia.
Here are the importance and special protection areas:

Sabah and Sarawak-Sabah and Sarawak can control admission and's non-person

in Sabah and Sarawak in the States.

A lawyer residing in Sabah and Sarawak or have fulfilled the qualification's Sabah

and Sarawak can be practiced law in these States.

Sabah and Sarawak have a separate High Court called the High Court of Sabah

and Sarawak who have jurisdiction over Sabah and Sarawak.

When you want to appoint a Chief Judge of the High Court of Sabah and

Sarawak, should ask the mind of Head-Chief Minister of Sabah and Sarawak.
In addition to the Syariah Court, there is also a Native Court in Sabah and

Sarawak.
Sabah and Sarawak have a source of income and grant special financial from the
Federal Government that are not owned by other States in Malaysia and also they

can impose their own sales tax.

The State Assembly (DUN) Sabah and Sarawak had the power to make law in
respect of matters DUN other States do not have the power and the laws and
customs of the native; services and water supply; private law with regard to
marriage, divorce, custody and alimony; power supply water and electricity

powered by water power and related shipping.

Parliament had the power to make laws a few things on the State list to ensure
standardization in Peninsular Malaysia. However, this authority does not reach the
Sabah and Sarawak. You can learn about the State list in the Handbook of the

people: 3. Federal-State relations.

Parliament also has the power to make law on the State list in order to give effect
to the National Development Plan but if it comes to Sabah and Sarawak, the
agreement of the Yang di-Pertuan Negeri (YDPN) the State should be obtained.
You can learn about the country's development plan in the Folk Handbook: 3.
Federal-State relations.

Sabah and Sarawak can also get loans for their purpose with the approval of Bank

Negara Malaysia.
Sabah and Sarawak people enjoy special interests such as employment quota in
the public service, scholarships, places in public education institutions and

business licenses and permits.

Sabah and Sarawak can use English as the official language, and the native
language of Sabah and Sarawak in the State Court or for legal or native customs.

The constitution states that before any amendment is made on any interest and special protection
is, at least two-thirds of the House of Representatives and the Senate in the Parliament should
agree and YDPN Sabah and Sarawak (which should follow the advice of Cabinet Affairs) should
also be agreed.
At least two-thirds of the House of Representatives and the Senate in the Parliament also must
agree and consent YDPN Sabah and Sarawak is also required before any amendments are made
to the following matters:

the rights of Sabah and Sarawak to get fair treatment by Malaysian citizens who were

born or lived in any State in Malaysia;

appointment, suspension and dismissal of judges of the High Court of Sabah and Sarawak

and the jurisdiction of the Court;

Power Sabah and Sarawak state assembly to make laws and the power of the State to
administer according to law, and also the financial restructuring of two State and Federal

Government;
religion, the use of any language whether in the Assembly Sabah or Sarawak or

Parliament, and the special position of Sabah and Sarawak natives;

Immigration powers granted to Sabah and Sarawak to control the right of entry and
residence in both the State and related matters.
Part VII of the Immigration Act 1959/1963 states that anyone who does not come from

Sabah and Sarawak must have a permit or a valid pass to enter Sabah and Sarawak, as well as
members of the Federal Government, judges, civil servants or individuals that have the sole
purpose of taking part in legitimate political activity.

Other than that, there are several federal laws that do not follow in the Sabah and
Sarawak as the Local Government Act 1976, the National Land Code and the Employment Act
1955. Sabah and Sarawak have their own laws on the matter this particular details.
In both the State, the Head of State and YDPN is the rank of Governor His Excellency
(HE). HE appointed by the Yang di-Pertuan Agong.
HE appoint the Chief Minister as the chief executive of the State. The Chief Minister
often met by the head of the political party that has the most representatives in the Assembly.
Assembly to enact laws that do not fall under the jurisdiction of Parliament and monitor
policies and expenditure of the State Government. Representatives elected in the constituency
known as Assembly Members.
State or 'executive' consists of the Chief Minister and the Cabinet of Ministers appointed
by the Chief Minister. The Chief Minister also appoints the Deputy Minister. Every minister and
deputy minister responsible for the respective Ministry.
Sabah and Sarawak State Assembly can make laws about the matters contained in the
'State List and the Concurrent List' Constitution. Sabah and Sarawak State Assembly can make
laws on extra items that cannot be enacted by the Assembly other states. State List and the
Concurrent List is discussed in the Handbook of the People: 3. Federal-State Relations.
Examples of which Sabah and Sarawak state assembly has the power to make laws on the
administration of land in Sabah and Sarawak, employment and labor, forests, immigration,
shipping and fisheries.

QUESTION 2
Confusion often arises when one is talking about the Constitution. Not only among the
public but there are also some people with legal backgrounds are still confused as to the
provisions in the Federal Constitution. Federal Constitution is a legal document in the country, it
is not only permitted but must be read between the lines also play a function which is important
in understanding the Constitution.
The Federal Constitution is actually legalized the layout of the community before
independence. It was not there by chance alone. It is also a document of compromise tolerance
between ethnic groups in Malaysia is based on the principle of 'jus soli'. Even Reid Commission
that draft Constitution received numerous memoranda from all walks of life who want to voice
their rights in an independent state.
While the Federal Constitution effective, every Malaysian must accept the supremacy of
the Constitution in accordance with the framework and existing schemes based on interpretations
that have been decided by the court from time to time. Before the Constitution itself exists,
actually has no laws either in force before the coming of the colonialists or enacted during the
occupation by the invaders. Some of the specific provisions of Islamic law have also been
executed in Malaya.
For example, Act 99 Silver with established law clearly states if the Quran with the law in
the state would rest for the land. Even those who did not follow the law must be overseas or in
the woods. The government also should put the Quran as a guide and a failure to use them cannot
rule the country.
According to legal experts homeland Constitution there are seven basic characteristics
that form the backbone of the constitution itself in the Federal Constitution, namely;

1. Islam as the religion of the Federation.

2. Federation of Malaysia as a country
3. Constitution as the supreme law of the Federation

4.
5.
6.
7.

The separation of powers of the executive, parliament and judiciary

Monarchy.
Parliamentary democracy.
Separate the judiciary from the executive and parliamentary control.

Seven of these features cannot be eroded from the Constitution because it will damage
the core of the Constitution itself. Even the seven characteristics should be maintained
individually by all parties, whether leaders or the people themselves.
Islam is not just a religion, but it is the religion of the Federation. The religious
implications of the Federation is in contrast to the official religion. It is thus explained by Judge
Mohd Noor in its judgment in the case of deeply regrets Atiqurrahman vs. Fatimah IHI and
Justice Ahmad Fairuz decided in the case of Lina Joy vs. Majlis Agama Islam Wilayah
Persekutuan.
Through both the above judgment, the position of Islam is clearly written. Thus the
concept of the secular state, as proclaimed by some people is not based on the Constitution itself.
What's more secular word itself does not exist in the Constitution.
The ways are:
1. Fix the understanding of all parties, especially those involved in the business of
Government (Government, judicial and legal) about the State of Islam in the
Constitution as a Federal Religion not only official religion.
2. Alerting all parties involved in the reign of the country whether the Government,
judicial or Legislative obligations to implement the pledge YDPA for defending
Islam
3. Islam should be the basis of consideration in the formulation of policies,
regulations and laws of the country
4. Interpretation of the Constitution and the laws in force must be made on the basis
of Islam rather than understanding the West
5. Alerting all parties that any effort to strengthen the position of Islam in this
country was carried out in the perspective of the Constitution to defend Islam
6. The Role of Muslim Lawyers; Muslim lawyers need to prepare to sharpen the
mind and strengthen the argument for undertaking the responsibilities facing the
aggressive trying to erode Islam. Self-pleasure-conscious attitude and a wealth of

life should be avoided for the sake of preserving the rule of Islam and the sanctity
of the beliefs of Muslims. This role is no longer only be borne by the teacher, the
preachers or speakers are free. The lawyers need to lead the ummah to face the
threat of being hit Muslims around the world.