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 relating to its history and post-independence mandate. It looks...
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| Format: | Proceeding Paper |
| Language: | English |
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2017
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| Online Access: | http://irep.iium.edu.my/56169/ http://irep.iium.edu.my/56169/22/56169.pdf |
| _version_ | 1848784693655240704 |
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| author | Shuaib, Farid Sufian |
| author_facet | Shuaib, Farid Sufian |
| author_sort | Shuaib, Farid Sufian |
| building | IIUM Repository |
| collection | Online Access |
| 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 relating 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 of the 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. |
| first_indexed | 2025-11-14T16:41:18Z |
| format | Proceeding Paper |
| id | iium-56169 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:41:18Z |
| publishDate | 2017 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-561692017-04-18T08:20:38Z http://irep.iium.edu.my/56169/ Administration of Islamic law and human rights: The basis and its trajectory in Malaysia Shuaib, Farid Sufian K Law (General) KBP Islamic Law KPG 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 relating 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 of the 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. 2017 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/56169/22/56169.pdf Shuaib, Farid Sufian (2017) Administration of Islamic law and human rights: The basis and its trajectory in Malaysia. In: Workshop on the Human Rights Discourse in the Administration of Islamic Law in Malaysia and Indonesia, 16th March 2017, Yogyakarta, Indonesia. (Unpublished) |
| spellingShingle | K Law (General) KBP Islamic Law KPG Malaysia Shuaib, Farid Sufian Administration of Islamic law and human rights: The basis and its trajectory in Malaysia |
| title | 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_short | 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 |
| topic | K Law (General) KBP Islamic Law KPG Malaysia |
| url | http://irep.iium.edu.my/56169/ http://irep.iium.edu.my/56169/22/56169.pdf |