Constitutional Protection of Islamic Identity and Its Impacts: A Comparative Study of Malaysia and Pakistan

Abstract

This research paper examines the constitutional protections for Islamic identity in Malaysia and Pakistan, two Muslim-majority countries with distinct historical, political, and socio-legal contexts. Both nations enshrine Islam as the state religion, yet their approaches to embedding Islamic identity in governance, law, and society differ significantly, influencing political stability, social cohesion, and human rights landscapes. Using a qualitative comparative methodology, the study analyzes constitutional provisions, judicial interpretations, and legislative frameworks, drawing on secondary sources such as legal texts, case law, and academic literature. Malaysia’s Federal Constitution establishes Islam as the state religion while balancing secular governance and multiculturalism. In contrast, Pakistan’s Constitution incorporates Islamic principles deeply through the Objectives Resolution and judicial oversight. The findings reveal that Malaysia’s pragmatic approach fosters relative stability but encounters minority rights challenges, whereas Pakistan’s extensive Islamization has led to complex legal pluralism and sectarian tensions. Impacts on governance, minority protections, and gender rights differ, with Malaysia achieving greater inclusivity and Pakistan facing challenges arising from rigid interpretations. The paper concludes with recommendations to harmonize Islamic identity with pluralistic governance, strengthen judicial independence, and promote interfaith dialogue. This study contributes to understanding how constitutional Islamic identity shapes statehood and societal dynamics in diverse Muslim-majority contexts.