본문 바로가기
KERD
논문KCI 등재

THE DEVELOPMENT OF SYARIAH LAW IN MALAYSIA - IMPLICATIONS FOR MUSLIMS AND CHRISTIANS

0

조회

0

다운로드

0

인용

0

참고문헌

키워드

초록

The establishment of Syariah law in Malaysia’s pre-independence history is examined with respect to Malay customs and the sultanate. Post-independence developments and legislative reforms in Malaysia’s legal system that favoured syariah law strengthened Islamic law but weakened Malay customs (adat ) in areas such as kinship and marriage which introduced social conundrums. Conflicts also surfaced over its authority and applicability over interreligious relationships with non-Muslims. The article discusses Christian witness and relationships with Muslims in these areas of contestations in order to understand the hurdles. Furthermore, the article also seeks to promote specific proposals which aim to prompt cooperation from the Church to engage in Malaysia’s coming future. This paper concludes with an incarnational theology of ministry and reasons for guarded optimism in light of recent socio-religious dissensions amongst the ummah in recent decades.

Abstract

The establishment of Syariah law in Malaysia’s pre-independence history is examined with respect to Malay customs and the sultanate. Post-independence developments and legislative reforms in Malaysia’s legal system that favoured syariah law strengthened Islamic law but weakened Malay customs (adat ) in areas such as kinship and marriage which introduced social conundrums. Conflicts also surfaced over its authority and applicability over interreligious relationships with non-Muslims. The article discusses Christian witness and relationships with Muslims in these areas of contestations in order to understand the hurdles. Furthermore, the article also seeks to promote specific proposals which aim to prompt cooperation from the Church to engage in Malaysia’s coming future. This paper concludes with an incarnational theology of ministry and reasons for guarded optimism in light of recent socio-religious dissensions amongst the ummah in recent decades.

참고문헌 (36)

  1. Abdul Hamid, "The impact of Sufism on Muslims in pre-colonial Malaysia: An overview of interpretations", Islamic Studies, 41(3), pp.467~493 (2002)
  2. Abdul Hamid, "Implementing Islamic law within a modern constitutional framework: Challenges and problems in contemporary Malaysia", Islamic Studies, 48(2), pp.157~187 (2009)
  3. Abdul Hamid, "The hudud controversy in Malaysia: Religious probity or political expediency?", Southeast Asian Affairs, pp.205~219 (2015)
  4. Aljuneid, Syed, "Demarginalising the sharia : Muslim activists and legal reforms in Malaysia", Re-Orient: The Journal of Critical Muslim Studies, 1(2), pp.128~146 (2016)
  5. Anwar, Zainah, "What Islam, whose Islam? Sisters in Islam and the struggle for women’s rights", pp.227~252 (2001), University of Hawaii Press
  6. Anwar, Zainah, "Justice and equality in Muslim family laws: Challenges, possibilities, and strategies for reform", Washington and Lee Law Review, 64(4), pp.1529~1549 (2007)
  7. Batumalai, Sandyandy, "Learning the faith of my neighbours from a Malaysian perspective", Asia Journal of Theology, 9(1), pp.63~70 (1995)
  8. CANews, "Alkitab to be banned ?", ~ (1987)
  9. Chee, Heng Leng, "Muslim-non-Muslim marriage: Political and cultural contestations in Southeast Asia", pp.1~30 (2009), ISEAS
  10. Chong, Eu Choong, "Religious diversity in Muslim-majority states in Southeast Asia: Areas of toleration and conflict", pp.290~320 (2014), ISEAS
  11. Dahlan, Rosli, "The Syariah Court: Its position under the Malaysian legal system", Legal Herald, pp.1~10 (2015)
  12. Griffith, Sidney H, "The church in the shadow of the mosque:Christians and Muslims in the world of Islam" (2008), Princeton University Press
  13. Hamayotsu, Kikue, "Malaysia: Islam, society and politics", pp.55~79 (2003), ISEAS
  14. Hamayotsu, Kikue, "Once a Muslim, always a Muslim: the politics of state enforcement of Syariah in contemporary Malaysia", South East Asia Research, 20(3), pp.399~421 (2012)
  15. Harding, Andrew, "Malaysia: Religious pluralism and the constitution in a contested policy", Middle East Law and Governance, 4, pp.356~385 (2012)
  16. Hefner, Robert W, "Sharia’politics: Islamic law and society in the modern world", pp.1~54 (2011), Indiana University Press
  17. Hoffstaedter, Gerhard, "Religious diversity in Muslim-majority states in Southeast Asia", pp.253~267 (2014), ISEAS
  18. Hooker, M.B, "Islam in South-East Asi", pp.160~182 (1988), E.J. Brill
  19. Kamali, Mohammad Hashim, "Islamic law in Malaysia: Issues and developments" (2000), Ilmiah
  20. Kamali, Mohammad Hashim, "Shariah law : An introduction" (2008), Oneworld
  21. Lee, Julian C.H, "Islamization and activism in Malaysia" (2010), ISEAS
  22. Liow, Joseph Chinyong, "Islamic legitimacy in a plural Asia", pp.167~187 (2007), Routledge
  23. Markarian, Krikor, "Today’s Iranian revolution: How the Mullahs are leading the nation to Jesus", Mission Frontiers, pp.6~13 (2008)
  24. Marshall, Paul, "Radical Islam’s rules: The worldwide spread of extreme sharia law", pp.1~17 (2005), Rowan and Littlefield
  25. Milner, A.C, "Islam in South-East Asia", pp.24~49 (1988), E.J. Brill
  26. Milner, Anthony, "The Malays" (2008), Wiley-Blackwell
  27. Paradoxes of state Islamization in Malaysia:Routinization of religious charisma and the secularization of the Syariah, "Mohamad, Maznah", Asia Research Institute, ~, pp.ARI Research Institute Working Paper Series no.129 (2009)
  28. Mohamad, Maznah, "The evolution of syariah and postcolonial modernity:Embedding Malay authority through statutory law", ISA E-symposium for Sociology (2016)
  29. Mohamad, Maznah, "Changing marriage patterns in Southeast Asia: Economic and socio-cultural dimensions", pp.171~184 (2015), Routledge
  30. Mohamad, Maznah, "Muslim-non-Muslim marriage", pp.59~101 (2009), ISEAS
  31. Peletz, Michael G, "Islamic modern: Religious courts and cultural politics in Malaysia" (2002), Princeton University Press
  32. Peletz, Michael G, "Remaking Muslim politics: Pluralism, contestation, democratization", pp.240~272 (2005), Princeton University Press
  33. Peletz, Michael G, "A companion to the anthropology of religion", pp.489~506 (2015), Wiley-Blackwell
  34. Wan Muhammad, Ramizah, "The administration of syariah courts in Malaysia, 1957-2009", Journal of Islamic Law and Culture, 13(2-3), pp.242~252 (2011)
  35. Wan Muhammad, Ramizah, "Challenges in the enforcement of shari’ah criminal offences in Selangor: Between perception and reality", Pertanika Journal of Social Science and Humanity, 23, pp.31~42 (2015)
  36. Yahaya, Nurfadzilah, "Craving bureaucracy: Marriage, Islamic law and Arab petitioners in the Straits Settlements", The Muslim World, 105, pp.496~515 (2015)

관련 논문AI추천

이 간행물의 다른 논문 (5건)