ACADEMIC FREEDOM IN MALAYSIA AND ITS RELATIONSHIP WITH THE NATIONAL EDUCATION PHILOSOPHY

Academic freedom is one of the fundamental rights as set out in Article 10 of the Federal Constitution. Allah (subhanahu wata’ala) has bestowed every human being the right to develop their minds for the benefit of mankind. Furthermore, with a sound mind, humans can plan their lives by creating and forming certain systems for the development of human capital. Hence, this freedom can shape the effectiveness of the educational system of a country which in turn will have an important impact on the formation of human capital. However, some legal restrictions need to be taken into account in balancing one's rights and freedoms with the common good to ensure the continuity of justice being upheld in a practical way. With the existence of the National Education Philosophy, Malaysia demonstrates a good commitment and is on the right track in driving the development of academic freedom. It should be implemented in a balanced way between fundamental liberties and freedoms with the observance of the principles of law that demand justice in its entirety to ensure the harmony and preservation of national education that can be achieved comprehensively. These principles will be the focus of the study for this paper which will look at how far the concept of academic freedom applies in Malaysia as well as the effectiveness of existing legislation in ensuring that it aligns with the concept of the rule of law as the basis for the enforcement of legal justice in an independent and sovereign country.