The implementation of Islamic law in contemporary Malaysia : prospects and problems

While the Federal Constitution of Malaysia readily proclaims Islam to be Malaysia's official religion, opinions have fiercely diverged among legal scholars and practitioners as to how substantive should the relevant clause on this be interpreted. Such vagueness is typical of the document, whos...

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Main Author: Ahmad Fauzi Abdul Hamid
Other Authors: S. Rajaratnam School of International Studies
Format: Working Paper
Language:English
Published: 2009
Subjects:
Online Access:https://hdl.handle.net/10356/90449
http://hdl.handle.net/10220/6097
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author Ahmad Fauzi Abdul Hamid
author2 S. Rajaratnam School of International Studies
author_facet S. Rajaratnam School of International Studies
Ahmad Fauzi Abdul Hamid
author_sort Ahmad Fauzi Abdul Hamid
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description While the Federal Constitution of Malaysia readily proclaims Islam to be Malaysia's official religion, opinions have fiercely diverged among legal scholars and practitioners as to how substantive should the relevant clause on this be interpreted. Such vagueness is typical of the document, whose drafting took place amidst intense negotiations among Malaysia's multi-racial communities, resulting in an informal bargain or 'social contract' which until today has become a subject of bitter dispute amidst rising polarisation along 'Muslim vesus non-Muslim' lines. Locating origins of contemporaneous legal conflict to divergent understandings of constitutional clauses, this article proceeds to discuss contemporary controversies which she light on Malaysia's struggle to identify itself as a nation-state which integrates the best of both modern and Islamic civilisations. It is argued that this delicate balance has been recently threatened by the increasing penetration of a form of orthodox Islamist legalism which antagonises non-Muslim minorities and unduly homogenises its Malay-Muslim population.
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spelling ntu-10356/904492020-11-01T08:40:49Z The implementation of Islamic law in contemporary Malaysia : prospects and problems Ahmad Fauzi Abdul Hamid S. Rajaratnam School of International Studies DRNTU::Social sciences::Political science::Political institutions::Asia::Malaysia While the Federal Constitution of Malaysia readily proclaims Islam to be Malaysia's official religion, opinions have fiercely diverged among legal scholars and practitioners as to how substantive should the relevant clause on this be interpreted. Such vagueness is typical of the document, whose drafting took place amidst intense negotiations among Malaysia's multi-racial communities, resulting in an informal bargain or 'social contract' which until today has become a subject of bitter dispute amidst rising polarisation along 'Muslim vesus non-Muslim' lines. Locating origins of contemporaneous legal conflict to divergent understandings of constitutional clauses, this article proceeds to discuss contemporary controversies which she light on Malaysia's struggle to identify itself as a nation-state which integrates the best of both modern and Islamic civilisations. It is argued that this delicate balance has been recently threatened by the increasing penetration of a form of orthodox Islamist legalism which antagonises non-Muslim minorities and unduly homogenises its Malay-Muslim population. 2009-09-22T00:54:57Z 2019-12-06T17:47:56Z 2009-09-22T00:54:57Z 2019-12-06T17:47:56Z 2009 2009 Working Paper Ahmad Fauzi Abdul Hamid. (2009). The implementation of Islamic law in contemporary Malaysia : prospects and problems. (RSIS Working Paper, No. 169). Singapore: Nanyang Technological University. https://hdl.handle.net/10356/90449 http://hdl.handle.net/10220/6097 en RSIS Working Papers ; 169/09 45 p. application/pdf
spellingShingle DRNTU::Social sciences::Political science::Political institutions::Asia::Malaysia
Ahmad Fauzi Abdul Hamid
The implementation of Islamic law in contemporary Malaysia : prospects and problems
title The implementation of Islamic law in contemporary Malaysia : prospects and problems
title_full The implementation of Islamic law in contemporary Malaysia : prospects and problems
title_fullStr The implementation of Islamic law in contemporary Malaysia : prospects and problems
title_full_unstemmed The implementation of Islamic law in contemporary Malaysia : prospects and problems
title_short The implementation of Islamic law in contemporary Malaysia : prospects and problems
title_sort implementation of islamic law in contemporary malaysia prospects and problems
topic DRNTU::Social sciences::Political science::Political institutions::Asia::Malaysia
url https://hdl.handle.net/10356/90449
http://hdl.handle.net/10220/6097
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