Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia

Shuaib, Farid Sufian (2018) Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia. Al-Jami’ah: Journal of Islamic Studies, 56 (2). pp. 281-304. ISSN 0126-012X E-ISSN 2338-557X

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Abstract

This paper looks at the interplay between the administration of Islamic law in Malaysia in relation to Islamic family law and Islamic criminal law;and human rights. The paper examines the basis of the administration of Islam in Malaysia in relation to its history and post-independence mandate. It looks at the position of human rights under the Federal Constitution and the position of the administration of Islamic law under the constitutional framework. The research found that entrenching fundamental liberties through the supremacy clause resulted in the prevalence of human rights over freedom of religion. However, this is not consistently arrived at since the constitutional frameworks allows for plurality of laws and exclusion of personal law from the principle of equality.

Item Type:	Article (Journal)
Additional Information:	1859/74862
Uncontrolled Keywords:	Islamic law, human rights, Malaysia
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Prof. Dr. Farid Sufian Shuaib
Date Deposited:	18 Oct 2019 10:28
Last Modified:	18 Oct 2019 10:28
URI:	http://irep.iium.edu.my/id/eprint/74862

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