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Author: Adnan Trakic Publisher: Springer Nature ISBN: 9813361875 Category : Law Languages : en Pages : 158
Book Description
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.
Author: Adnan Trakic Publisher: Springer Nature ISBN: 9813361875 Category : Law Languages : en Pages : 158
Book Description
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.
Author: Iza R. Hussin Publisher: University of Chicago Press ISBN: 022632348X Category : Law Languages : en Pages : 360
Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Author: Tamir Moustafa Publisher: Cambridge University Press ISBN: 1108334075 Category : Law Languages : en Pages :
Book Description
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Author: Timothy P. Daniels Publisher: University of Washington Press ISBN: 0295742569 Category : Social Science Languages : en Pages : 281
Book Description
Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians’ ideas about sharia are not isolated from—nor always opposed to—liberal pluralism and secularism. Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.
Author: Michael G. Peletz Publisher: Univ of California Press ISBN: 0520974476 Category : Social Science Languages : en Pages : 307
Book Description
Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.
Author: Syed Muhd. Khairudin Aljunied Publisher: Oxford University Press, USA ISBN: 0190925191 Category : History Languages : ms Pages : 345
Book Description
This book surveys the growth and development of Islam in Malaysia from the eleventh to the twenty-first century, investigating how Islam has shaped the social lives, languages, cultures and politics of both Muslims and non-Muslims in one of the most populous Muslim regions in the world. Khairudin Aljunied shows how Muslims in Malaysia built upon the legacy of their pre-Islamic past while benefiting from Islamic ideas, values, and networks to found flourishing states and societies that have played an influential role in a globalizing world. He examines the movement of ideas, peoples, goods, technologies, arts, and cultures across into and out of Malaysia over the centuries. Interactions between Muslims and the local Malay population began as early as the eighth century, sustained by trade and the agency of Sufi as well as Arab, Indian, Persian, and Chinese scholars and missionaries. Aljunied looks at how Malay states and societies survived under colonial regimes that heightened racial and religious divisions, and how Muslims responded through violence as well as reformist movements. Although there have been tensions and skirmishes between Muslims and non-Muslims in Malaysia, they have learned in the main to co-exist harmoniously, creating a society comprising of a variety of distinct populations. This is the first book to provide a seamless account of the millennium-old venture of Islam in Malaysia.
Author: Michael G. Peletz Publisher: Princeton University Press ISBN: 9780691095080 Category : Law Languages : en Pages : 364
Book Description
PART ONE. THE CULTURE, POLITICAL ECONOMY, AND HISTORY OF THE ISLAMIC COURTS -- Locating Islamic Magistrates and Their Courts in History -- The Work of the Courts -- Litigant Strategies and Patterns of Resistance -- PART TWO. MODERNITY AND GOVERNMENTALITY IN ISLAMIC COURTS AND OTHER DOMAINS -- Reinscribing Authenticity and Identity -- Producing Good Subjects, "Asian Values," and New Types of Criminality.
Author: Mustafa Akyol Publisher: W. W. Norton & Company ISBN: 0393081974 Category : Religion Languages : en Pages : 353
Book Description
“A delightfully original take on…the prospects for liberal democracy in the broader Islamic Middle East.”—Matthew Kaminski, Wall Street Journal As the Arab Spring threatens to give way to authoritarianism in Egypt and reports from Afghanistan detail widespread violence against U.S. troops and women, news from the Muslim world raises the question: Is Islam incompatible with freedom? In Islam without Extremes, Turkish columnist Mustafa Akyol answers this question by revealing the little-understood roots of political Islam, which originally included both rationalist, flexible strains and more dogmatic, rigid ones. Though the rigid traditionalists won out, Akyol points to a flourishing of liberalism in the nineteenth-century Ottoman Empire and the unique “Islamo-liberal synthesis” in present-day Turkey. As he powerfully asserts, only by accepting a secular state can Islamic societies thrive. Islam without Extremes offers a desperately needed intellectual basis for the reconcilability of Islam and liberty.
Author: Adnan Trakic
Author: Adnan Trakic
Author: Iza R. Hussin
Author: Farid Sufian Shuaib
Author: Tamir Moustafa
Author: Timothy P. Daniels
Author: David C. Buxbaum
Author: Michael G. Peletz
Author: Syed Muhd. Khairudin Aljunied
Author: Michael G. Peletz
Author: Mustafa Akyol