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The King of Malaysia, His Majesty Sultan Ibrahim Ibni Almarhum Sultan Iskandar, recently left for medical treatment abroad, as confirmed by Istana Negara on 7 February 2025.
In the statement, which was posted on Sultan Ibrahim’s official Facebook page, the Yang di-Pertuan Agong was accompanied by his sons, Tunku Panglima Johor Tunku Abdul Rahman Al-Haj Ibni Sultan Ibrahim and Tunku Putera Johor Tunku Abu Bakar Al-Haj Ibni Sultan Ibrahim.
Istana Negara further confirmed that the matter has been communicated to the Conference of Rulers and the federal government. However, the Palace did not reveal details of His Majesty’s medical conditions or where the King was seeking treatment.
The spokesperson for the Federal Government, Communications Minister Fahmi Fadzil, has since issued a statement saying that Cabinet Ministers are praying for His Majesty’s well-being and following the progress.
With that in mind, there have been questions abound about the royal authority during the King’s absence, the timeframe of which is yet to be known. So, who will exercise the functions of the Yang di-Pertuan Agong? How is this determined, and what are the mechanisms involved?
Well, join us as we delve into the highest law of the land, the Federal Constitution, and what it prescribes on the matter.
Article 33 of the Federal Constitution
Such a scenario was already anticipated by the Federal Constitution, and according to Article 33(1), the authority that will exercise the functions of the Yang di-Pertuan Agong during any period in which he is unable to exercise the functions of his office owing to illness, absence from the Federation or for any other cause is the Tiimbalan Yang di-Pertuan Agong.
The Deputy Supreme Head of the Federation, Article 33(2) prescribes that the Timbalan Yang di-Pertuan Agong is elected by the Conference of Rulers for a term of five years, or if elected during the term for which the Yang di-Pertuan Agong was elected, for the remainder of that term.
Furthermore, Article 33(1) established that the Deputy King may also at any time resign his office by writing under his hand addressed to the Conference of Rulers and shall cease to hold office on ceasing to be a Ruler.
Meanwhile, Article 33(3) stipulated that if, during the term for which the Timbalan Yang di-Pertuan Agong was elected, a vacancy occurs in the office of the Yang di-Pertuan Agong, his term shall expire on the cessation of the vacancy.
For context, the current Timbalan Yang di-Pertuan Agong is the Sultan of Perak, Sultan Nazrin Muizzuddin Shah Ibni Almarhum Sultan Azlan Muhibbuddin Shah Al-Maghfur-lah. His Royal Highness Sultan Nazrin was elected as the Timbalan Yang di-Pertuan Agong during the 263rd (Special) Meeting of the Conference of Rulers in October 2023, his third consecutive term as Deputy King.
Article 33(1) of the Federal Constitution prescribes that the Timbalan Yang di-Pertuan Agong shall exercise the functions and have the privileges of the Yang di-Pertuan Agong during the following:
- Any vacancy in the office of the Yang-Pertuan Agong
- During any period during which the Yang di-Pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the Federation or for any other cause
However, the Timbalan Yang di-Pertuan Agong shall not exercise those functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days unless the Timbalan Yang di-Pertuan Agong is satisfied that it is necessary or expedient to exercise such functions.
Hence, given that His Royal Highness Sultan Ibrahim has not yet been absent from the Federation for fifteen days as of the time of writing, Timbalan Yang di-Pertuan Agong Sultan Nazrin hasn’t officially stepped in to exercise the functions of the King of Malaysia.
What happens if the Timbalan Yang di-Pertuan Agong is also unable to exercise the functions of the Yang di-Pertuan Agong?
Article 33(5) of the Federal Constitution prescribes that if the Deputy King is also unable to exercise the functions of the Yang di-Pertuan Agong due to illness, absence of the Federation or any other cause, Parliament may by law provide for a Ruler to exercise the functions of the Yang di-Pertuan Agong.
However, the law can’t be passed without the consent of the Conference of Rulers. Do note that such a situation had never taken place in Malaysia before.
With the laws on the matter clarified, we at ADIL Legal would like to wish His Royal Highness Sultan Ibrahim a quick recovery and pray for the King’s continuous well-being.
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Ahmad Danial Iswatt & Luqman is an esteemed law firm that delivers best-in-class legal solutions to individuals, businesses and legal entities in Malaysia and beyond. We offer ease of mind to our wide range of clients by dismantling complex legal challenges with novel solutions through exceptional legal advisory and representation.
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