Pluralism And Public Order in Malaysia: A Jurisprudential Study of the Rukun Negara, the Federal Constitution, and the Ṣaḥīfat al-Madīnah

Abstract

This study conducts a critical analysis of the constitutional discourse concerning non-theistic citizens in Malaysia, a state defined by Article 3 of the Federal Constitution of Malaysia and the Rukun Negara, whose first pillar affirms belief in God. Prevailing legal scholarship often treats constitutional supremacy and Islamic identity as a dichotomy, lacking a coherent integrative analysis. This study addresses that analytical gap. It aims to elucidate how national unity (perpaduan) is conceptualised by undertaking a comparative legal-jurisprudential examination of three primary sources: the Federal Constitution (supreme law), the Rukun Negara (national philosophy), and the Ṣaḥīfat al-Madīnah (the Charter of Medina, 622 CE). Employing a tripartite methodology of constitutional-textual, historical-jurisprudential, and comparative discourse analysis, the study maps the normative logic of these primary sources. The analysis reveals that both the Ṣaḥīfat al-Madīnah and the Rukun Negara articulate a political community (Ummah Siyāsah) founded on allegiance to a supreme constitutional covenant, not theological uniformity. The study concludes that the discourse of perpaduan can be coherently interpreted through the Rukun Negara as a modern political covenant: Pillars III (Supremacy of the Constitution) and IV (Rule of Law) establish the terms for pluralistic citizenship, while Pillar I (Belief in God) sustains the substantive identity derived from Article 3 without mandating universal creedal conformity. The study’s novel contribution lies in its demonstration of a covenantal constitutional logic: it shows how the Rukun Negara, interpreted through this tripartite lens, provides a viable framework where a substantive state identity (derived from Article 3) and a pluralistic political community to coexist under a supreme legal order, thereby offering a new perspective on managing religious diversity while maintaining public order.