Siti Rukayyah Izyanni Binti Ali Husnaini

2013517775

Morality is defined as conformity with recognized rules of correct conduct. The

word recognized rules is actually the rules that acceptable to the community whether it
is in the form of law or religion. Both are the efficiency provide for rule that need to be
obeys. Therefore, it can be said that religion is give reflection in a moral values and laws
of the society. Law and morality are depending on each other to meet at the last point
which is the religion.
Lord Denning was quoted to have the belief that religion and law are one and are
same. Law are to seek the truth and justice. The product of the someone intellect is not
about the truth or justice but it is about their spirit. Spirit is creation of religion from
where right deeds would flow. So, this is how religion and law meet. In the other word,
Denning said that morality is rooted in religion, whereby both are inseparable and can
never be alienated from law.
Beside that, Devlin and Hart belief that moral is to be well-being in a society. The
effect of erosion to the society, such as tolarant, which is emphasis was on the societys
physical aspect. In this case, it is true to state that in every civilation, there are two
important aspects to build up its perseverance. The first on is the physical development
and the other is the spiritual force. The physical development can be seen such as
buildings and factories. For spiritual aspect it is all about manners such as politeness,
respect, patience and others. For example, homosexuality is become a threat to the
society especially the case that can be proof by medical or scientific matter such as HIV
or AIDS which is no cure at all. Many netizen are dying from having AIDS and this is not
be count with the money that had government spend to treat this desease and how
much sacrifices that the patiences family has to give and to take care of them.
In Islam, it is obvious and not questionable. Tawhid is the Oneness of Allah,
Shariah is the law of Allah and akhlak is the morality. These three are the essentials of
Islam. It is also are inseparable and never change. Al these three must be co-exist in
order for Islam to be perfect way in life.
Malaysian history was started at Malacca Sultanate Era which is about in 1400 Masihi.
In the glory era, the empire was involving about half of the peninsula and the coast of
Sumatra. Malacca had been appeared as one of the successful kingdom because of the
strategically positioned which is the middle point between East Asia and West Asia. This
also made Malacca known as the particularly the main centre for the spice trade in
Southeast Asia meanwhile Islam is the main spread and became the main religion of
the inhabitants of Melaka. This is because the king of Melaka, himself embraced Islam.
In year 1511, Melaka had been fell to the Portuguese and this is the beginning of
the Malaya was in the colonial era. Portuguese has the intension to use Melaka port as

a base to control the power of their trade in the East Indies. Besides that, they also has
another motive to destroy Islam and make Christianity developed and break the
monopoly of the trade that had been occupied by Muslim. To achieve the vision, Alfonso
d ' Albuquerque which is the person that responsible to rule Melaka, had been
conquered Goa in India as the headquarters of the Portuguese power and movement in
the East in 1510. One year before, Lopez de Sequeira was sent to initiate trade
relationship with Melaka. When they had arrived at Melaka, the excursion of de Lopez
had been arrested. However, de Sequeira escaped and reported the scene to Alfonso.
After the reported, Alfonso sent his army to attack Melaka. On 1 st July in 1511, the
attack on Melaka has started and ended successfully conquered by the Portuguese in
August 1511.
Netherlands has given more attention to Malay Archipelago at the end of 17 th
century to obtain spices from East and not from Portuguese. Therefore, to dominate it,
they need to take over Melaka which was a strategically positioned. Netherlands had
made a lot of things and try to get Melaka from Portuguese but there is no success.
After six months, Netherlands success to beat Portuguese with the help of Johors army
which was consist of 40 boats that carried 1500 French troops lead by Admiral Tun
Abdul Jamil. In 14th January 1641, Netherlands had been took over Melaka after 130
years Portuguese over Melaka which was since 1511 to 1641. Netherlands had
expanded trade in Malaya to create profitable trade agreements typically Dutch only.
This raises the resistance of the Malays especially the chiefs , especially in Naning,
Perak, Johor and Selangor.
After 130 years Melaka had been rule by Portuguese, Neverlands had took over
Melaka after that. The first expedition that arrived in Malaya is in 1559. Dutch traders
are really want to trade in Malay Archipelago because they want to obtain spices,
nutmeg and clove. This can led the Dutch traders to create a "United East India
Company" in Mac 20th 1602 which is known as V.O.C. The main purpose to establish
the V.O.C is to conquer the spice trade and to monopoly the tin trade. They also want to
eliminate Portuguese which is very active in trading in Malay region during that time. In
1619, Dutch had been success take over Betawi, Pulau Jawa and make Betawi as an
alternative trade port to the traders other than Melaka. To make sure that the mastery of
Portuguese in Southeast Asia completely disappeared, Netherlands has launched
several attacks on Melaka by the help of Johor kingdom which is a royal heritage of
Melaka sultanate. Johor was under Sultan Abdul Jalil that replacing Sultan Hammat
Shah.
Belanda tried to spread more their wings in trade in all Malay until Melaka border.
In 1650, Belanda try to monopoly tin and silver trade by an agreement. However, the
netizen realize the negative effect for them. Since the relationship in trade competition
between Johor and Belanda seem to be broken and finally sparked disputed involving

action by the Belanda on Johor at the end of the 18 th century. Belanda also want to take
over tin trade in Perak. Belanda try to influence Sultan Muzaffar Syah, the Sultan of
Perak at that time, to get the permission to monopoly tin in Perak but has been rejected.
Then, Belanda meet with Sultanah Tajul Alam Safiatuddin which is the Sultan of Aceh to
give them permission to trade at Perak. In this situation, Sultan of Perak was forced to
sign in the agreement and give permission to Belanda to set up their plant in Perak in
August 15th 1650. This agreement was not liked by some nobles of Perak especially the
Harbour Master and the Chiefs. They think that this agreement was bar for their
freedom because before this they sell ore to Chinese and Indian with a higher price
compared to Belanda which was offered a low and unattractive price.
In 1824, Malaya had been fell to the Netherlands and has been fell to British in
1824 through the English Belanda. British had been take over Malaya for a long time.
British had been interfering all the Malaya administration which was originally managed
by rulers with the help of the state dignitaries. British intervention has caused angry
among the locals. Some of the netizen are rose up against them but because of their
effort is more like an individually effort, so the opposition was easily broken by British.
Among the person that rose up against British are Dol Said, Tok Janggut, Datuk
Maharajalela, Rosli Dobi and some others.
In the 1920s and 1930s, many residents of Malaya began to get an education ,
whether from the Middle East or the local education. Therefore, the educated people
who began to show the spirit of nationalism . They use media mass such as
newspapers and magazines to spread their ideology . Some of them have formed
associations such as the Union Melayu Muda ( KMM ) and the Singapore Malay Union (
KMS ) , which aims to expel the occupiers and establish self-government. When the
people of this country are so eager to end the occupation, they were shocked by the
Japanese landing at the end of 1941 which marked the beginning of another era of
colonialism in Malaya. Japan had occupied Malaya until 1945 before giving up due to
the bombing of Hiroshima and Nagasaki.
The retreat by Japan was giving an oppurtunity to Communist Party of Malaya
(PKM) to make a move to take over Malaya. PKM make an action by killing and destroy
all the public things until British declares emergency in Malaya (1948-1960). PKM
violence not conquered Malaya and British returned to power. British returned after the
Japanese occupation, they tried to introduce the Malayan Union. This recognition has
received strong opposition from local residents and thorough. On May 11 1946, the
establishment of UMNO has fueled the rebellion and so now they struggle toward selfgovernment.
The emergence of Tunku Abdul Rahman was giving hope to the struggle of the
people of Malaya at that time when his actions formed the Alliance opened the eyes of

the British to justify the occupation of Malaya administer their own country. The
combination of the three major races, namely Malay , Chinese and Indians have paid off
and the London Agreement was signed on February 8, 1956 has signaled that Malaya
would be independent on 31 August 1957. After independence day , there was a
problem in relation to the establishment that combines Sabah Malaysia , Sarawak and
Singapore . Opposition to this consolidation come from Parti Rakyat Brunei, Indonesia
and the Philippines . However the desire to form a country called MALAYSIA met on 16
September 1963.
Law has been created by some procedure. In Malaysia, there are the lower
house known as the Dewan Rakyat or House of Representatives and the upper house
known as the Dewan Negara or Senate. The Parliament will exercise its power to make
laws by the passing of Bills in both houses. A Bill may originate in either of the House.
However, there is one exception with the "Money Bill". Subject to Article 67 of the
Federal Constitution, the "Money Bill" must originate in the House of Representatives
and can only be introduced by a Minister. The House, which a Bill is originated, shall
send it to the other House once the Bill has been passed. After the other Houses
passed the Bill, it must then be presented to theYang di-Pertuan Agong for his assent
under the Article 66(3) of the Federal Constitution.
A Bill goes through several stages of "Reading", in both the Houses of
Parliament. At the First Reading stage, only the long title will be read. This is a formality
when the Bill is first introduced to the House. The most important stage is the Second
Reading. The contents of the Bill are debated at length and discussed by all members
of the House. After that the Bill goes through a Committee Stage. The committees is
normally the Committee of the whole House as opposed to special select committees.
Special technical details of the Bill may be discussed at this stage. Finally, the Bill is
returned to the House for its Third Reading. Again this is a formality.
Under the Article 66(4) of the Federal Constitution, the Yang di-Pertuan
Agong must assent to the Bill by causing the Public Seal to be affixed thereto. This must
be done within 30 days from the date a Bill is being presented to him. The nation
Constitution provides that a Bill will become law at the expiration of the 30 days period
specified in the like manner as if he had assented thereto, should the Yang di-Pertuan
Agong, for whatever reason, fails to give his assent to the Bill within the specified
period. A Bill assented by the Yang di-Pertuan shall become Law. However, no laws
shall come into force until it has been gazetted or published under the Article 66(5) of
the Federal Constitution.
Morality in the Malaysian Law, the position of morality is deeply rooted in the
Malaysian society. Discussion in the following paragraphs will try to highlight some

provisions of law, including the Federal Constitution, that consider morality as one of its
essential ingredients.
The word morality appears twice in the Federal Constitution, one in art. 11(5), which
states that the right to profess, practice and propagate a religion shall not contrary
to, inter alia, morality. The other is in art. 10(2), a provision that allows Parliament to
create law imposing restriction on the right to freedom of speech and expression on the
grounds of, among others, public order or morality. This provision thus, empowers the
Parliament to preserve public morality against personal freedom. In other words,
Parliament may restrict personal freedom if public morality is at stake. Public morality
refers to the ideals or general moral beliefs of a society or actions of an individual that
affect others.
The incorporation of the word morality into the Constitution could be regarded as
significant recognition to the role of morality in building our nation. The Constitution also
mentions about the code of ethics that shall always be observed by the judges during
his tenure. The breach of the code may lead to his dismissal from the service. This
implies that judges are expected to posses certain behaviour suitable to his post.
In criminal law, the Penal Code provides for provisions on offences affecting
decency and moral. It is stated in Chapter XIV of the Code. Those offences are mainly
relating to dissemination of obscene publications, obscene act and obscene songs.
Apart from these offences, Penal Code also penalises deviant sexual acts, such as
incest and unnatural offences, which include buggery with animal, carnal intercourse
against the order of nature, outrages of decency (in public or in private) and inciting a
child to an act of gross indecency.
In Criminal Procedure Code, strict regard to decency shall be observed in making a
search, whereby body search of a woman is to be made by another woman.
In the law of contract, section 24(e) of the Contract Act prohibits any contract in
which its consideration is immoral, or opposed to public policy. A promise to marry by a
married man, for instance, is void for it is against morality and public policy.
In family law, Section 5(2) of the Married Women and Children (Maintenance) Act
1950 (Revised 1981), disqualifies a wife who is living in adultery to allowance from her
husband. Living in adultery is an immoral act. Section 53 of the Law Reform (Marriage
and Divorce) Act 1976 states that breakdown of marriage is a sole ground for divorce. In
a petition for divorce, the court is allowed to have regard to the fact that the respondent
has committed adultery and the petitioner finds it intolerable to live with the respondent.
In a petition for divorce when adultery is alleged the Act also requires the third person,
the adulterer, be named as co-respondent and provides that he may be condemned in
damages. If the court is satisfied that adultery between the respondent and co-

respondent has been proved, the petitioner may be awarded with such damages, even
if the petition for divorce against the respondent is dismissed or adjourned. For
instance, in Tan Wat Yan the court awarded damages amounting to RM 70,000.00 to
the petitioner!