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:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/74862/ http://irep.iium.edu.my/74862/ http://irep.iium.edu.my/74862/ 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

id	iium-74862
recordtype	eprints
spelling	iium-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
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
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/ http://irep.iium.edu.my/74862/ http://irep.iium.edu.my/74862/ 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
first_indexed	2023-09-18T21:45:55Z
last_indexed	2023-09-18T21:45:55Z
_version_	1777413448961884160

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

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