Bibliographic record
Abstract
Islam is the Religion of the Federation"Over half of all Muslim-majority countries have constitutional clauses that proclaim Islam the religion of state.For Malaysia, it is Article 3. Clause 1 of Article 3 declares, "Islam is the religion of the Federation . . ." 1 For decades, the clause received little attention.The federal judiciary understood the clause to carry ceremonial and symbolic meaning only.However, recent years have seen increasing litigation around the meaning and intent of the clause.Recent federal court decisions introduce a far more robust meaning, which practically elevates Islamic law as the new grundnorm in the Malaysian legal system.Jurisprudence on the matter is still unfolding, but what is clear -and what has been clear for quite some time -is that two legal camps hold radically divergent visions of the appropriate place for Islamic law and liberal rights in the legal and political order.This chapter builds on the legal and political context of the preceding chapters to make sense of the increasing contestation over Article 3, as well as the federal judiciary's shifting jurisprudence on the matter.I argue that the Article 121 (1A) cases provided a unique opportunity for Islamist lawyers to push for sweeping new interpretations of Article 3, which have gained surprising traction in the civil courts. litigating article 3 in che omar bin che sohChe Omar bin Che Soh v. Public Prosecutor was the first case in which the Supreme Court (as it was called at the time) considered the meaning of Article 3. 2 The occasion for the landmark 1988 decision was a constitutional challenge to the mandatory death penalty for the trafficking of drugs.The appellant claimed that the provision did not conform to Islamic jurisprudence and was therefore unconstitutional by virtue of Article 3 (1) of the Federal Constitution.3 The Supreme Court 1 The full clause reads, "Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation." 2 Che Omar bin Che Soh v. Public Prosecutor [1988] 2 MLJ 55. 3The specific arguments turned around whether the Fire Arms (Increased Penalties) Act conformed to Islamic jurisprudence on matters qisas and huddud punishments.Ironically, the attorneys for the 138
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.004 | 0.011 |
| Scholarly communication | 0.005 | 0.004 |
| Open science | 0.000 | 0.001 |
| Research integrity | 0.002 | 0.003 |
| Insufficient payload (model declined to judge) | 0.008 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".