THE POSITION OF MADRASAH AND COMMUNITY RELIGIOUS SCHOOL (SAR) UNDER MALAYSIAN LAW

Abstract

This research studies law of education, system and policy, relating to the scenario within which the madrasah as Islamic religious educational institutions in Malaysia operate. The study evolves on what are the rules of the existing laws that can assist madrasah education to be at par with national education system? Whilst this system is acknowledged by the modern education system in Malaysia, however there is no specific law that safeguard this system. The objective of this research is to envisage a madrasah education system that is brought under the Ministry of Education’s umbrella and national framework. The study limits to Malaysian laws however it also gives reference to international legal instruments. The method of research is done by library research. The results obtained from the research are 1) Madrasah needs to fulfill the conditions sets by the Government although efforts have been made to integrate curriculum and to cooperate actively to reach the minimum required standards; 2) International education legal frameworks from Finland, Indonesia, Singapore, Turkey and Egypt are evident as models for madrasah in Malaysia to improve its system; 3) The rights of education does not exclude the rights to access religious education based upon the examined international legal instruments. Finally, this study anticipates madrasah is prepared to be fully recognized by the Ministry of Education specifically and other international governments. Hence, madrasah will have a better standing in Malaysia National Education system and to qualify its students to compete justly with other students from different types of school.