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

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 lo...

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Main Author: Shuaib, Farid Sufian
Format: Article
Language:English
English
Published: 2018
Subjects:
Online Access:http://irep.iium.edu.my/74862/7/74862%20ADMINISTRATION%20OF%20ISLAMIC%20LAW.pdf
http://irep.iium.edu.my/74862/8/74862%20ADMINISTRATION%20OF%20ISLAMIC%20LAW%20SCOPUS.pdf
http://irep.iium.edu.my/74862/
https://www.aljamiah.or.id/index.php/AJIS/article/view/56202/361
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spelling my.iium.irep.748622019-10-18T02:28:34Z http://irep.iium.edu.my/74862/ Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia Shuaib, Farid Sufian K Law (General) KBP Islamic Law 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. 2018 Article PeerReviewed application/pdf en http://irep.iium.edu.my/74862/7/74862%20ADMINISTRATION%20OF%20ISLAMIC%20LAW.pdf application/pdf en http://irep.iium.edu.my/74862/8/74862%20ADMINISTRATION%20OF%20ISLAMIC%20LAW%20SCOPUS.pdf 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 https://www.aljamiah.or.id/index.php/AJIS/article/view/56202/361 10.14421/ajis.2018.562.281-304
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic K Law (General)
KBP Islamic Law
spellingShingle K Law (General)
KBP Islamic Law
Shuaib, Farid Sufian
Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia
description 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.
format Article
author Shuaib, Farid Sufian
author_facet Shuaib, Farid Sufian
author_sort Shuaib, Farid Sufian
title Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia
title_short Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia
title_full Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia
title_fullStr Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia
title_full_unstemmed Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia
title_sort administration of islamic law and human rights: the basis and its trajectory in malaysia
publishDate 2018
url http://irep.iium.edu.my/74862/7/74862%20ADMINISTRATION%20OF%20ISLAMIC%20LAW.pdf
http://irep.iium.edu.my/74862/8/74862%20ADMINISTRATION%20OF%20ISLAMIC%20LAW%20SCOPUS.pdf
http://irep.iium.edu.my/74862/
https://www.aljamiah.or.id/index.php/AJIS/article/view/56202/361
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score 13.211869