PRINSIP KUASA EKSEKUTIF MALAYSIA DALAM KERANGKA KONSEPTUAL ISLAM

Abstract

The executive authority of Malaysia isvested in Yang di-Pertuan Agong as stipulated in Article 39 of the Federal Constitution. The executive authority isgoverned by the provisions of the Federal Constitution, thus define the principles of executive power. The principles of executive power arevery important in national administration because those principlesguide Government’s decisions and policies. Hence, this article will put forth the principles of executive power in accordance with the recent research found in ‘Konsep Kedaulatan Watan Raja-Raja Melayu Dalam Perlembagaan Persekutuan Malaysia Menurut Sejarah Perundangan (2017)’.  This paper uses legal text research where the main sources are taken from the Qur'an and al-Sunnah through some references, such as 'Tafsir al-Maudhuiy (2015)', 'Malaysia as a Muslim nation (2005)' and 'The Islamic State (1983)’. The findings show the principles of executive power in Islam are based on the concept of Caliphate, justice and Shura. The above three conceptscame the principles of integrity, accountability, amar ma’aruf, nahi mungkar, prudence, muhasabah, transparency, equality and freedom. In terms of implementation, the principles of executive power sourced from Islam can be enforced through the executive authorityof Yang di-Pertuan Agong.