Administration of Islamic law and human rights: The basis and its trajectory in Malaysia

Shuaib, Farid Sufian (2017) Administration of Islamic law and human rights: The basis and its trajectory in Malaysia. In: Workshop on the Human Rights Discourse in the Administration of Islamic Law in Malaysia and Indonesia, 16th March 2017, Yogyakarta, Indonesia. (Unpublished)

PDF Restricted to Repository staff only Download (1MB) | Request a copy

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 relating 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 of the 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:	Conference or Workshop Item (Slide Presentation)
Additional Information:	1854/56169
Uncontrolled Keywords:	Administration, Islamic law,human rights, trajectory, Malaysia
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr. Farid Sufian Shuaib
Date Deposited:	18 Apr 2017 16:20
Last Modified:	18 Apr 2017 16:20
URI:	http://irep.iium.edu.my/id/eprint/56169

Actions (login required)

View Item