Konsep Kedaulatan Negara Dalam Perlembagaan Persekutuan Malaysia: Analisis Berdasarkan Perspektif Siyadah Syariyyah

Concept of National Sovereignty in the Federal Constitution of Malaysia: Analysis Based on Siyadah Syariyyah Perspective

Abstract

This paper discusses the concept of state sovereignty in the Federal Constitution of Malaysia based on perspective of Siyadah Syariyyah. The Federal Constitution is the highest law in Malaysia since the country gained independence in 1957. It contains 183 articles and was drafted during Malaysia’s period under British colonization. There are some issues that are subject to dispute when examined the Federal Constitution from the perspective of Siyadah Syariyyah. This study uses a qualitative method and library method by analysing various primary and secondary sources. The study findings indicate that the state sovereingty present in the Federal Constitution of Malaysia does not fully align with the concept of sovereignty as outlined by Siyadah Syariyyah because the existing povisions do not place the concept of Hakimiyyah at the highest level. This implication prevent Malaysia from implementing Islamic law such as hudud, qisas and others unless certain provisions in the Federal Constitution of Malaysia are amended at the current time.