PASSAGE: The constitution paved the way for the transition from a feudal system to a constitutional monarchy
JOHOR BAHRU: THE year 1895 witnessed history being created by Johor as the first Malay state to possess a formal written constitution.
On April 14, 1895, Sultan Abu Bakar and his ministers codified a set of laws to administer and manage the State. The laws were promulgated and came into effect on Sept 14, 1895, as the Laws of the Constitution. Abu Bakar's intention was two-fold.
First, he wanted to ensure the ownership, title and sovereignty of Johor remained in the hands of the Temenggong dynasty.
Second, the Constitution was to be the bastion of defence against the British forward policy. Abu Bakar and his advisers had witnessed four Malay states losing their independence to the British through agreements and treaties.
He rightly assumed that Johor's independence would be threatened.
The Constitution codified the laws of succession after the death of Abu Bakar, restricting it to only the male descendants of Abu Bakar. The Constitution states that the Johor Ruler shall be a male of the Malay race and professing the Muslim faith, and a descendant of the body and blood and flesh of Abu Bakar, truly genuine and lawfully begotten.
In the event his male descendants are disqualified or the line of succession should end, the succession clause provides for the male descendants of Temenggong Ibrahim, to inherit the throne.
Similarly, if there are no male descendants of Temenggong Ibrahim then the male descendants of Temenggong Abdul Rahman will be eligible for the throne.
Female descendants of the Temenggong and male descendants from its female members are not constitutionally eligible to succeed the Johor throne. Abu Bakar tacitly denied the successors of Sultan Hussain, the one time ruler of Johor the right to claim succession.
The rule of succession is patrilineal and does not require the mother of the male descendant to be of royal blood. Abu Bakar was far-sighted enough to consider that there may not be a suitable princess of royal blood to be a future consort. In fact his mother and grandmother were both commoners.
An intrinsic quality of the daulat or divine kingship of a Ruler is that he is seen to be a fountain of justice for his people.
The Constitution therefore requires the Ruler and his heirs to be literate and knowledgeable, and possessing of a reputation, disposition and deportment that is praiseworthy.
Conversely, if a Ruler has any defect or infirmity such as insanity or is speech, sight or hearing impaired, or possessing any base or derogatory quality under Syariah law, he will not then qualify to become a sovereign.
Upon his accession to the throne, the Ruler, acting on the advice and with the concurrence of the Council of the Royal Court, shall choose and appoint among his descendants one to be the Heir Apparent to the throne.
For so long as he holds such appointment, the Heir Apparent shall enjoy the title Tunku Mahkota Johor (Crown Prince of Johor), a title that is apt as Johor has a crown for its Ruler.
In comparison, the Heir Apparent in Selangor, Perak, Kedah and Perlis have the title Raja Muda (Junior King). Kelantan's heir to the throne is known as Tunku Mahkota as the state commissioned a crown some 30 years after Johor.
Although Pahang does not have a crown, its heir is known as Tengku Mahkota while in Terengganu, the person who will inherit the throne carries the title Yang DiPertuan Muda.
The Constitution contains provisions that the Johor Ruler should not be disposed or overthrown during his absence from the State or when he is medically indisposed.
Under such circumstances, a Regent (Pemangku Raja) may be appointed to conduct the Ruler's duties for the time being.
If on his accession, the Ruler is below the age of 21 years according to Muslim reckoning, the Council of the Royal Court shall appoint a Council of Regency (Jumaah Pangkuan Raja) to perform royal functions.
The Constitution empowers the Ruler with the concurrence of the Council of the Royal Court to appoint from among his relatives whether distant or near titles which have existed in the past or have been commonly used in Johor.
Sultan Ibrahim confirmed his half-brother Tunku Abdul Majid Idris as Tunku Aris Bendahara.
He appointed his second son Tunku Idris Iskandar as Tunku Temenggong, his third son Tunku Abdul Jalil as Tunku Laksamana and the fourth son Tunku Abdul Rahman as Tunku Panglima. His youngest son Tunku Abu Bakar is titled Tunku Putera. They are collectively known as Other Heirs (Waris Yang Lain) who follow after the Heir Apparent and are eligible to take his place.
The title Raja Muda or Heir Presumptive, the second in line to the throne, may only be conferred to a heir who has been alleviated to that position.
The Heir Apparent, Heir Presumptive and Other Heirs have no executive power or right to take part in matters relating to the government or the State unless it is commanded by the Ruler and intimated to the Council of the Royal Court.
The Constitution paved the way for the transition from a feudal system to a constitutional monarchy and the beginning of democracy.
It provided for the establishment of a Council of Ministers (now the Executive Council) and a State Council to advise and guide the Ruler on matters of state.
Although the Ruler is vested with a certain authority, the constitution provides that the Ruler in the performance of his duties shall act on the advice of the Executive Council, the Council of the Royal Court, and the State Pardon's Board.
The Ruler may, however, act in his discretion on the appointment of a Menteri Besar, his function as head of Islam and Malay customs, the appointment of an heir or heirs, consort, or regent, and the appointment of Malay titles and customary ranks.
Dato' Abdul Rahim Ramli is secretary of the Council of the Royal Court.
