Year-end Sale % OFF 
Abstract
``Every person has the right to profess and practise his religion." Article 11 of the Malaysian Constitution could hardly be more explicit. However, Lina Joy was told by the Federal Court that she could not exercise her constitutional right without prior approval by the syariah court. The case of Lina Joy has important consequences for Malaysia's political and constitutional development especially if viewed within the context of Malaysia's increasing Islamization. In this case, syariah law moved beyond the confines of the syariah court to influence the legal outcome of a common law adjudication in the civil court. An analysis of the majority and minority judgments in Lina Joy reveals two conceptions and usages of the common law in the face of Islamization: it can either be a Trojan horse to import syariah law principles into the legal system, or a tool of resistance against the Islamization of the Malaysian legal system.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
