Islamic law applied at religious courts in Malaysia; papers of a seminar.

Compilation Series: A Brief History of Malaysia: Texts and Materials is a solid, application-oriented text for students taking law subjects. Many new features make this edition a richer and stronger learning resource for students. Several factors motivated the authors to write this book. After having the experience in legal field and teaching for more than 17 years, it became clear that there was a definite need for more detail materials in this area. In addition, there was need for a book which would give full recognition to an easier method and the authors felt it was time for a text which would develop the ideas and methods with this in mind. This book covers a thorough discussion of the development of law in Malaysia; beginning from the establishment of the Melaka Empire until the recent issues. A major audience for the book will be students studying the law subjects. The order of topics, however, provides a degree of flexibility, so that the book can be of interest to different readers through basic concepts until the advanced concepts (i.e. the discussion of the cases). The purpose of this book is to take the readers on an introduction to Malaysian legal history journey, by which, the meaning of such subject at basic level is better understood. Hopefully, this book can be benefited by the readers in their journey to success.

This volume seeks to introduce and deepen the understanding of Islam and its role in politics as encountered in different national and transnational contexts in Southeast Asia, eschewing the neo-orientalist approach that has informed public discourse in recent years. In Encountering Islam, the book lingers beyond the summary moment and reflects on the multiple impressions, suppressions and repressions, whether coherent or incoherent, associated with Islam as a socio-political force in public life. To this end, it is not adequate simply to represent the divergent identities associated with Islam in Southeast Asia, whether embedded in state-endorsed orthodoxy or Islamic movements that contest such orthodoxy. It is also important to examine religious minorities in political contexts where Islam is dominant and Muslim communities in national contexts where they are minorities. By situating these religious identities within their larger socio-political contexts, this volume seeks to provide a more holistic understanding of what is encountered as Islam in Southeast Asia.

This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.