Islam, Law and the State in Southeast Asia Volume 3 Malaysia and Brunei

by Lindsey, Tim; Steiner, Kerstin

• ISBN13: 9781848850675
• ISBN10: 1848850670
• Format: Hardcover
• Copyright: 2012-11-27
• Publisher: I. B. Tauris

Summary

Malaysia and Brunei both apply a complex hybrid body of positive law to their Malay Muslim majorities. This volume traces the development of a unique 'Anglo-Malay madhhab' in these states, initially by colonial and latterly by successor states. In Malaysia and Brunei, shari'ah has been filtered through Anglo-common law state institutions, creating a hybrid 'Anglo-Muslim' mixture of legal doctrines. This system of jurisprudence makes only very limited reference to the classical shari'ah but draws heavily on the secular English common law and its legal traditions, procedures and principles. In post-colonial times, this system has not been accepted without resistance and this volume considers the impact of colonial and successor states on the development of legal institutions and systems of Malaysia and Brunei.

Author Biography

Tim Lindsey is Director of the Asian Law Centre and Co-Director of the Centre for Islamic Law and Society at the University of Melbourne.

Kerstin Steiner is Research Fellow at the Asian Law Centre, University of Melbourne.

Table of Contents

Glossary * Acknowledgements * Preface * Introduction * Syari'ah, Daulat and the Malays: Laws, Legal Institutions and the Anglo-Malay Madhhab * Malaysia * Overview: Islamic Laws in Malaysia: Religion and the Federation * Sources of Islamic Regulation in Malaysia * Syari'ah Law under Colonial Rule * Syari'ah Law after Independence * Non-Judicial Legal Institutions in Malaysia * State Islamic Institutions * Regulation of Islamic Financial Institutions * Regulation of Islamic Education * The Religious Judiciary in Malaysia * Syari'ah Courts and the Secular Judiciary Jurisdictional Division * Judicial Decision Making * Judicial Decision Making in the Religious Courts * Alternative Visions of Syari'ah and State Responses in Malaysia * The PAS Codes * Sisters in Islam * State Responses * Brunei * Overview: Islamic Laws in Brunei: Sultan, Sovereignty and Syari'ah * Sources of Islamic Regulation in Brunei * Syari'ah Laws under Colonial Rule * Syari'ah Laws in Brunei after Independence * Fatawa and the State Mufti's Office * Non-Judicial Legal Institutions in Brunei * State Islamic Institutions * Regulation of Islamic Financial Institutions * Regulation of Islamic Education * The Religious Judiciary in Brunei * Syari'ah Courts and the Secular Judiciary: Jurisdictional Division * The Religious Courts * Judicial Decisions Making * Judicial Decision Making in the Religious Courts * Alternative Visions of Syari'ah and State Responses in Brunei * Syari'ah Political Movements * Bibliography * Index