이슬람과 현대 말레이시아 법제도의 변동
Islam and the Change of Legal System in Contemporary Malaysia
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
This work is to survey the impact of Islam on the change of legal system in contemporary Malaysia. In particular, it attempts to debunk the dichotomy of archaism and modernity that is a broadly envisioned assumption. For the aim, in the first place, this study examines British colonial legacy of contemporary Malaysian legal system. When the country achieved its independence, the Islamic law turned into the personal law of each states, while British Common Law became a general law in the country. Secondly, it surveys the Islamic resurgency as a catalyst behind the change of Malaysian legal system since the 1980s. With the advent of dakwah, UMNO's renewed interest was unquestionably mainly motivated by political expediency, especially to counter the Islamic challenge of the opposition PAS. Finally, this work examines various features of the change of Islamic legal system in contemporary Malaysia. Based these examinations, this study makes a conclusion that archaism is a resource now capable of being consciously used to fashion and legitimate a form of life rather than the residue of the past.
Abstract
This work is to survey the impact of Islam on the change of legal system in contemporary Malaysia. In particular, it attempts to debunk the dichotomy of archaism and modernity that is a broadly envisioned assumption. For the aim, in the first place, this study examines British colonial legacy of contemporary Malaysian legal system. When the country achieved its independence, the Islamic law turned into the personal law of each states, while British Common Law became a general law in the country. Secondly, it surveys the Islamic resurgency as a catalyst behind the change of Malaysian legal system since the 1980s. With the advent of dakwah, UMNO's renewed interest was unquestionably mainly motivated by political expediency, especially to counter the Islamic challenge of the opposition PAS. Finally, this work examines various features of the change of Islamic legal system in contemporary Malaysia. Based these examinations, this study makes a conclusion that archaism is a resource now capable of being consciously used to fashion and legitimate a form of life rather than the residue of the past.
참고문헌 (30)
- 소병국, "말레이시아 이슬람부흥운동의 발전과 침체", 동남아연구, 6, pp.139~169 (1997)
- 소병국, "식민지시기 말레이 술탄의 위상과 역할", 동남아시아연구, 13(2), pp.113~149 (2003), 한국동남아학회
- 소병국, "말레이시아의 술탄제와 헌법: 전통성과 현대성의 이분법적 구도에 대한 비판적 고찰", 동남아연구, 14(1), pp.235~272 (2004)
- 소병국, "불교 군주와 술탄 : 태국과 말레이시아 왕권의 역사" (2004), 도서출판 오름
- Abdul Monir b. Yaacob, "An Introduction to Malaysian Law" (1989), Penerbit Universiti Kebangsaan Malaysia
- Ahmad Mohamed Ibrahim, "The Administration of Islamic Law in Malaysia" (2000), IKIM
- Ahmad Mohamed Ibrahim, "Islamic Law in Malaysia", Journal of Malaysian and Comparative Law, 8(1,2), pp.21~51 (1981)
- Ahmad Mohamed Ibrahim, "The Future of the Shariah and the Shariah Courts in Malaysia", Journal of Malaysian and Comparative Law, 20, pp.41~57 (1993)
- Ahmad Mohamed Ibrahim, "Towards an Islamic Law for Muslims in Malaysia", Journal of Malaysian and Comparative Law, 12, pp.37~52 (1985)
- Ahmad Mohamed Ibrahim, "Developments in Malaysian Law", pp.295~343 (1992), Pelanduk Publications
- Ahmad Mohamed Ibrahim, "The Malaysian Legal System" (1995), Dewan Bahasa dan Pustaka
- Federal Constitution, "Kuala Lumpur: International Law Book Services", ~ (2000)
- Fernando, Joseph M., "The Position of Islam in the Constitution of Malaysia", Journal of Southeast Asian Studies, 37(2), pp.249~266 (2006)
- Hamid Jusoh, "The Position of Islamic Law" (1991), Dewan Bahasa dan Pustaka
- Hickling, R. H., "Hickling's Malaysian Public Law" (2003), PEARSON
- Hussin Mutalib, "Islam in Malaysia : From Revivalism to Islamic State?" (1993), Singapore University Press
- Ismail Mohd bin Abu Hassan, "Introduction to Malaysian Legal History" (2004), Ilmiah Publishers
- Jomo, K. S., "Fragmented Vision", pp.79~105 (1992), University of Hawaii Press
- Kessler, Clive S., "Fragmented Vision: Culture and Politics in Contemporary Malaysia", pp.133~157 (1992), University of Hawaii Press
- Mauzy, Diane K., "Readings in Malaysian Politics", pp.75~112 (1986), Pelanduk Publications
- Maxwell W. G., "Treaties and Engagements Affecting the Malay State and Borneo", ~ (1924)
- Means, Gordon, P., "Malaysian Politics : The Second Generation" (1991), Oxford University Press
- Mohamed Aslan Haneef, "Islam in Southeast Asia: Political, Social and Strategic Challenges for the 21th Century", pp.82~102 (2005), Institute of Southeast Asian Studies
- Mohammad Hashim Kamali, "Islamic Law in Malaysia: Issues and Developments" (2000), Ilmiah Publishers
- Nagata, Judith, "Religious Ideology and Social Change: The Islamic Revival in Malaysia", Pacific Affairs, 53(3), pp.405~439 (1980)
- Sharifah Suhanah Syed Ahmad, "Malaysian Legal System" (2007), Lexis Nexis
- 소병국, "현대 말레이시아 입헌군주의 정치, 사회적 영향력에 관한 역사적 연구", 동남아시아연구, 12(2) (2002), 한국동남아학회
- Wan Arfah Hamzah, "An Introduction to the Malaysian Legal System" (2004), Penerbit Fajar Bakti Sdn. Bhd
- Wu, Min Aun, "The Malaysian Legal System" (2005), PEARSON
- Zainah Anwar, "Islamic Revivalism in Malaysia : Dakwah among the Students" (1987), Pelanduk Publications