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Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang

Beyond control children are a unique phenomenon under Malaysian law, they have not committed a crime, rather they have trespassed on the normative expectations of propriety between parent and child in Malaysian culture. The state has declared its interest in this relational breakdown and its respons...

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Main Author: Squire, Jason Scott
Format: Thesis
Language:English
Published: 2018
Subjects:
K Law (General)
Online Access:http://eprints.usm.my/48498/1/JASON%20SCOTT%20SQUIRE%20_HJ.pdf
http://eprints.usm.my/48498/
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spelling my.usm.eprints.48498 http://eprints.usm.my/48498/ Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang Squire, Jason Scott K Law (General) Beyond control children are a unique phenomenon under Malaysian law, they have not committed a crime, rather they have trespassed on the normative expectations of propriety between parent and child in Malaysian culture. The state has declared its interest in this relational breakdown and its response remains rooted in Latin Christian judicial principles and practices that sailed out with British colonial law, early in the 19th century CE. Maqasid al-Shariah and Islamic justice philosophies share many similarities with Judeo-Christian traditions, however there are some fundamental differences when it comes to addressing conflicting families. Islamic legal and civil traditions promote reconciliation and mediation to restore harmony in families and communities, rather than elevating a social wrong against an individual which results in retributive punishment and expectations of atonement against the wrong doer. Malaysia’s treatment of beyond control children is incongruent with international standards or expectations, when a child can be held in custody or remain under state surveillance for up to three years for disobeying their parents. The research objectives were to explore what was being done to prevent children’s entry into the existing social welfare system or to extract them from it, considering Malaysia’s commitments to the United Nations’ expectations of preventing unnecessary institutionalisation. Furthermore, to establish whether there was potential in considering Islamic justice and reconciliation philosophies in the secularly framed responses to Muslim families in crises. 2018-09 Thesis NonPeerReviewed application/pdf en http://eprints.usm.my/48498/1/JASON%20SCOTT%20SQUIRE%20_HJ.pdf Squire, Jason Scott (2018) Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang. PhD thesis, Universiti Sains Malaysia.
institution Universiti Sains Malaysia
building Hamzah Sendut Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Sains Malaysia
content_source USM Institutional Repository
url_provider http://eprints.usm.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Squire, Jason Scott
Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang
description Beyond control children are a unique phenomenon under Malaysian law, they have not committed a crime, rather they have trespassed on the normative expectations of propriety between parent and child in Malaysian culture. The state has declared its interest in this relational breakdown and its response remains rooted in Latin Christian judicial principles and practices that sailed out with British colonial law, early in the 19th century CE. Maqasid al-Shariah and Islamic justice philosophies share many similarities with Judeo-Christian traditions, however there are some fundamental differences when it comes to addressing conflicting families. Islamic legal and civil traditions promote reconciliation and mediation to restore harmony in families and communities, rather than elevating a social wrong against an individual which results in retributive punishment and expectations of atonement against the wrong doer. Malaysia’s treatment of beyond control children is incongruent with international standards or expectations, when a child can be held in custody or remain under state surveillance for up to three years for disobeying their parents. The research objectives were to explore what was being done to prevent children’s entry into the existing social welfare system or to extract them from it, considering Malaysia’s commitments to the United Nations’ expectations of preventing unnecessary institutionalisation. Furthermore, to establish whether there was potential in considering Islamic justice and reconciliation philosophies in the secularly framed responses to Muslim families in crises.
format Thesis
author Squire, Jason Scott
author_facet Squire, Jason Scott
author_sort Squire, Jason Scott
title Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang
title_short Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang
title_full Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang
title_fullStr Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang
title_full_unstemmed Navigating Malaysian Civil Law And Maqasid Al-Shariah In The Best Interests Of Muslim Children Beyond Control: A Case Study In Penang
title_sort navigating malaysian civil law and maqasid al-shariah in the best interests of muslim children beyond control: a case study in penang
publishDate 2018
url http://eprints.usm.my/48498/1/JASON%20SCOTT%20SQUIRE%20_HJ.pdf
http://eprints.usm.my/48498/
_version_ 1693726881797373952
score 13.211869

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