COMMENT | The debate over whether Malaysia is an Islamic state resurfaces with predictable regularity. It became especially contentious in 2001, when then-prime minister Dr Mahathir Mohamad declared that Malaysia was already an Islamic state.

More recently, Sinar Harian, on Aug 21, reported Federal Territories mufti Ahmad Fauwaz Fadzil declaring that Malaysia remained an Islamic state on “fiqhi” (Islamic jurisprudence), “syarie” (syariah-compliant), historical and geographical grounds.

This article analytically examines whether Malaysia is an Islamic state.

Responding to Mahathir’s pronouncement in a statement dated Nov 2, 2001, the Bar Council maintained that a political declaration could not, by itself, alter the federation’s constitutional character.

It rightly argued that the issue must be determined by reference to the Federal Constitution and the rule of law. That central proposition remains sound.

However, the Bar Council’s reliance on the judicial view that...