Malaysia
Religious Pluralism and the Constitution in a Contested Polity
Bibliographic Data
| ID | 6160664 |
|---|---|
| Authors | Andrew Harding (0000-0002-2527-6068, National University of Singapore, corresponding author) |
| Year | 2012 |
| Volume | 4 |
| Issue | 2-3 |
| Pages | 356-385 |
| Publication date | 2012-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Middle East Law and Governance (JOURNAL) |
| Journal identifiers | ISSN: 1876-3367 • E-ISSN: 1876-3375 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/18763375-00403007 |
| OpenAlex | W2036043447 |
| Language | EN |
| Citations received | 1 |
| References cited | 7 |
Malaysia has a classically plural society with a Malay/ Muslim majority and a legal system which, for historical reasons, is bifurcated between the common law and Islamic law. It also has a colonial-era federal constitution under which Islam is a state issue. Disputes concerning religion are both many and divisive. They are dealt with mainly in constitutional terms, especially in debates about the notion of an Islamic state, in light of Article 3 and the enshrinement of an official religion and in litigation. The latter is rendered complex by the separation of Islamic from common law jurisdiction in 1988, a fact that has given rise to highly sensitive and troubling litigation involving, especially, religious conversion in Lina Joy (2007). This article traces historical developments relating to religion and the law, and finds cause for some optimism that religious divides can be bridged by constitutional means, in light of recent judicial responses and evolving debates about the constitutional position of Islam
Comparative law · Constitution · Constitutional law · Islam · Jurisdiction · Legal pluralism · Legal realism · Malay · Plural · Pluralism (philosophy · Political science · Politics · Polity · Scrutiny · Secular state · Separation of church and state · Sharia · Sociology · State (computer science · Theology · Asian Studies and History · Gender and Women's Rights · Islamic Finance and Banking Studies · Law · Philosophy
| Citations per year | 0.14 |
|---|---|
| Citation span | 2019 - 2019 (1) |
| Highly cited | No |