Is the Malay version of the Federal Constitution authoritative?

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The Authoritative Status of the Malay Federal Constitution Remains Undetermined

The authoritative status of the Malay translation of the Federal Constitution is currently undetermined, leading to a deferral of a Court of Appeal hearing. A lawyer representing the Selangor Islamic Religious Council (Mais) and the Selangor Registrar of Muslim Converts raised the issue, citing a report that the Yang di-Pertuan Agong had "launched" the Attorney General's Chambers' (AGC) Malay translation of the Federal Constitution in 2003. This action, it was argued, could potentially signify the translation's prescription as authoritative under Article 160B of the Federal Constitution, which states that if there is a conflict between the English and national language texts, the national language text shall prevail.
Potential for Malay Translation to be Authoritative

Article 160B of the Federal Constitution provides a mechanism for the Yang di-Pertuan Agong to prescribe a national language text as authoritative. If such a prescription occurs, any discrepancies between the Malay and English versions would be resolved in favour of the Malay text. The argument presented in court suggested that the act of "launching" the Malay translation in 2003 by the Yang di-Pertuan Agong could be interpreted as such a prescription, even without a formal tabling in Parliament. This interpretation hinges on the understanding that the "launch" itself might fulfil the requirement of "prescribing" the text.
Previous Court Rulings and the Indira Gandhi Case

The authoritative status of the Malay translation is critical, particularly in light of past judicial decisions. In the 2018 Federal Court case of M. Indira Gandhi, the English version of the Federal Constitution was deemed authoritative because the Malay translation had not been demonstrated to be officially prescribed. This ruling was significant in cases involving unilateral conversions, where the interpretation of terms like "parent" in the English text was crucial and differed from the Malay translation. The existence of an authoritative Malay version could potentially impact how such constitutional provisions are interpreted in future legal challenges.
AGC's Stance and the Federal Legislation Portal

The Attorney General's Chambers' Federal Legislation portal currently displays both English and Malay versions of the Federal Constitution. However, a note accompanying the Malay translation explicitly states that it is "only a translation" by the AGC and is not legally binding unless and until it is prescribed as authoritative under Article 160B. This disclaimer highlights the ambiguity surrounding its legal standing. The AGC has indicated it will investigate the claim regarding the "launching" of the Malay translation to verify its official status.
Deferral of Hearing for Verification

Given the emergence of this new issue, the Court of Appeal has postponed the hearing of the case concerning the unilateral conversion of three children. The court has directed that the matter be deferred to allow for verification of whether the Yang di-Pertuan Agong indeed "launched" the Malay translation of the Federal Constitution in 2003 and to ascertain its authoritative status. The case has been scheduled for case management to fix new hearing dates.

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Is the Malay version of the Federal Constitution authoritative?

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