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Title: The Discrimination of Protection in the Federal Constitution from the Perspective Ofethnic Relations in Malaysia
Authors: Nazri Bin Muslim; Abdul Latif Samian ; Mohd Azmir Mohd Nizah
Aff: The Discrimination of Protection In The Federal Constitution From The Perspective of Ethnic Relations in Malaysia
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Keywords: Federal Constitution; Equality; Protection Discrimination; Ethnic; Malaysia
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