Law and Society in Malaysia

Law and Society in Malaysia

Author: Andrew Harding

Publisher: Routledge

Published: 2018-01-02

Total Pages: 268

ISBN-13: 1351357654

DOWNLOAD EBOOK

This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.


Minorities, Rights and the Law in Malaysia

Minorities, Rights and the Law in Malaysia

Author: Thaatchaayini Kananatu

Publisher: Routledge

Published: 2020-03-09

Total Pages: 218

ISBN-13: 1000050025

DOWNLOAD EBOOK

This book analyses the mobilisation of race, rights and the law in Malaysia. It examines the Indian community in Malaysia, a quiet minority which consists of the former Indian Tamil plantation labour community and the urban Indian middle-class. The first part of the book explores the role played by British colonial laws and policies during the British colonial period in Malaya, from the 1890s to 1956, in the construction of an Indian "race" in Malaya, the racialization of labour laws and policies and labour-based mobilisation culminated in the 1940s. The second part investigates the mobilisation trends of the Indian community from 1957 (at the onset of Independent Malaya) to 2018. It shows a gradual shift in the Indian community from a "quiet minority" into a mass mobilising collective or social movement, known as the Hindu Rights Action Force (HINDRAF), in 2007. The author shows that activist lawyers and Indian mobilisers played a crucial part in organizing a civil disobedience strategy of framing grievances as political rights and using the law as a site of contention in order to claim legal rights through strategic litigation. Highly interdisciplinary in nature, this book will be of interest to scholars and researchers examining the role of the law and rights in areas such as sociolegal studies, law and society scholarship, law and the postcolonial, social movement studies, migration and labour studies, Asian law and Southeast Asian Studies.


LAW, POLITICS & SOCIETY: The Unravelling of Malaysia and Indonesia Potentiality

LAW, POLITICS & SOCIETY: The Unravelling of Malaysia and Indonesia Potentiality

Author: Dr. Suyatno Ladiqi

Publisher: Airlangga University Press

Published: 2021-11-09

Total Pages: 211

ISBN-13: 6024737742

DOWNLOAD EBOOK

Penerbit: Airlangga University Press ISBN: 9786024737740 This book is the fourth compilation as a regular joint publishing effort since 2017 between Sultan Zainal Abidin University (UniSZA), Terengganu, Malaysia, and Airlangga University (UNAIR), Surabaya, Indonesia. Filled by lecturers and students, this book is expected to strengthen the relationship between the two universities and further strengthen the Malaysia-Indonesia relationship.


Government and Society in Malaysia

Government and Society in Malaysia

Author: Harold Crouch

Publisher: Cornell University Press

Published: 2019-01-24

Total Pages: 284

ISBN-13: 1501733907

DOWNLOAD EBOOK

The Malaysian political system incorporates a mix of democratic and authoritarian characteristics. In this comprehensive account, Harold Crouch argues that, while they may appear contradictory, the responsive and the repressive features of the system combine in an integrated and coherent whole. Consistently dominated by the Malay party UMNO, which represents the largest ethnic group, the Malaysian government requires the support of its Chinese, Indian, and East Malaysian minorities to retain control. The need to appeal to a politically and ethnically divided electorate restrains the arbitrary exercise of power by the ruling coalition. As a result, the government responds to popular aspirations, particularly since a split in the dominant Malay party in the 1980s. Yet it also controls the electoral process, ensuring victory in all national elections. Communal, social, and economic factors have all contributed in rather ambiguous ways to shaping the Malaysian political system. Communal tensions, change in the class structure, and the consequences of economic growth have generated pressures in both democratic and authoritarian directions. The government has been remarkably stable despite sharp ethnic divisions and, Crouch suggests, it is unlikely to move swiftly toward full democracy in the near future.


Islamic Law in Malaysia

Islamic Law in Malaysia

Author: Adnan Trakic

Publisher: Springer Nature

Published: 2021-03-16

Total Pages: 158

ISBN-13: 9813361875

DOWNLOAD EBOOK

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.


The Politics of Islamic Law

The Politics of Islamic Law

Author: Iza R. Hussin

Publisher: University of Chicago Press

Published: 2016-03-31

Total Pages: 360

ISBN-13: 022632348X

DOWNLOAD EBOOK

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.


Research Handbook on Islamic Law and Society

Research Handbook on Islamic Law and Society

Author: Nadirsyah Hosen

Publisher: Edward Elgar Publishing

Published: 2018-09-28

Total Pages: 487

ISBN-13: 1781003068

DOWNLOAD EBOOK

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.


Constituting Religion

Constituting Religion

Author: Tamir Moustafa

Publisher: Cambridge University Press

Published: 2018-07-25

Total Pages:

ISBN-13: 1108334075

DOWNLOAD EBOOK

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.


Law in Society: Navigating Legal Complexity (UUM Press)

Law in Society: Navigating Legal Complexity (UUM Press)

Author: Nor Azlina Mohd Noor

Publisher: UUM Press

Published: 2021-11-14

Total Pages: 193

ISBN-13: 9672486758

DOWNLOAD EBOOK

Law in Society: Navigating Legal Complexity is a compilation of ideas written by the academic staff of the School of Law, Universiti Utara Malaysia. It is intended to reflect the dynamic nature of law and how it can coexist with society. This book is organized into three sections. It aligns its discussions by exploring the complexity of law in areas ranging from language, personal law, organization, nation-building, to Islamic finance and trade matters. As part of the editors’ primary intention, it is hoped that as legal literature, this book would be fairly readable by the general public to access legal knowledge on a smorgasbord of topics.