Judicial pluralism in the Malaysian legal system
Malay society, beside its determination to preserve its own traditions, has allowed other communities to live freely according to their own cultural values and traditions. Diversity is a source of cultural and social wealth that reflects an extraordinary degree of freedom in both legal and cultural...
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| Format: | Book Chapter |
| Language: | English |
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Islamic Book Trust
2011
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| Online Access: | http://irep.iium.edu.my/10787/ http://irep.iium.edu.my/10787/1/Judicial_Pluralism.pdf |
| _version_ | 1848777254967967744 |
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| author | Kayadibi, Saim |
| author_facet | Kayadibi, Saim |
| author_sort | Kayadibi, Saim |
| building | IIUM Repository |
| collection | Online Access |
| description | Malay society, beside its determination to preserve its own traditions, has allowed other communities to live freely according to their own cultural values and traditions. Diversity is a source of cultural and social wealth that reflects an extraordinary degree of freedom in both legal and cultural richness. Such features resemble the Ottomans’ approach. Malay society has apparently interiorized the value of diversity. Its people believe that for peace, freedom, tolerance, and strength between the
different groups to continue, judicial pluralism must be maintained. In connection with this, the Malay legal system has been shaped by different legal systems, among them Islamic law, which has been implemented as per the society’s request at will as a part of life in a natural way, the legal systems of Western colonial powers rather have been used by force on demand. In contrast, the Ottomans’ Majallah al-Ahkam al-‘Adliyyah, the Hanafi legal code of Qadri Pasha (later called the Majallah Ahkam Johor), and the Undang-undang Sivil Islam were all used as the main source of judicial matters in the courts. In this paper, the historical development of the Malay legal system is analyzed and the following themes are elaborated upon: Malaysia’s constitutional law, customary law, and tribal legal systems; Shari‘ah and civil court procedures; the first contacts with Islamic law; the influence of Portuguese, Dutch, and English law; and the Turk-Malay connection and strong relationships. |
| first_indexed | 2025-11-14T14:43:04Z |
| format | Book Chapter |
| id | iium-10787 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:43:04Z |
| publishDate | 2011 |
| publisher | Islamic Book Trust |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-107872011-12-16T09:29:22Z http://irep.iium.edu.my/10787/ Judicial pluralism in the Malaysian legal system Kayadibi, Saim KPG Malaysia Malay society, beside its determination to preserve its own traditions, has allowed other communities to live freely according to their own cultural values and traditions. Diversity is a source of cultural and social wealth that reflects an extraordinary degree of freedom in both legal and cultural richness. Such features resemble the Ottomans’ approach. Malay society has apparently interiorized the value of diversity. Its people believe that for peace, freedom, tolerance, and strength between the different groups to continue, judicial pluralism must be maintained. In connection with this, the Malay legal system has been shaped by different legal systems, among them Islamic law, which has been implemented as per the society’s request at will as a part of life in a natural way, the legal systems of Western colonial powers rather have been used by force on demand. In contrast, the Ottomans’ Majallah al-Ahkam al-‘Adliyyah, the Hanafi legal code of Qadri Pasha (later called the Majallah Ahkam Johor), and the Undang-undang Sivil Islam were all used as the main source of judicial matters in the courts. In this paper, the historical development of the Malay legal system is analyzed and the following themes are elaborated upon: Malaysia’s constitutional law, customary law, and tribal legal systems; Shari‘ah and civil court procedures; the first contacts with Islamic law; the influence of Portuguese, Dutch, and English law; and the Turk-Malay connection and strong relationships. Islamic Book Trust 2011-12 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/10787/1/Judicial_Pluralism.pdf Kayadibi, Saim (2011) Judicial pluralism in the Malaysian legal system. In: Ottoman Connections to the Malay World: Islam, Law and Society. Islamic Book Trust, Kuala Lumpur, pp. 186-210. ISBN 978983954177 9 http://www.ibtbooks.com/ |
| spellingShingle | KPG Malaysia Kayadibi, Saim Judicial pluralism in the Malaysian legal system |
| title | Judicial pluralism in the Malaysian legal system |
| title_full | Judicial pluralism in the Malaysian legal system |
| title_fullStr | Judicial pluralism in the Malaysian legal system |
| title_full_unstemmed | Judicial pluralism in the Malaysian legal system |
| title_short | Judicial pluralism in the Malaysian legal system |
| title_sort | judicial pluralism in the malaysian legal system |
| topic | KPG Malaysia |
| url | http://irep.iium.edu.my/10787/ http://irep.iium.edu.my/10787/ http://irep.iium.edu.my/10787/1/Judicial_Pluralism.pdf |