Pluralism In Malaysia Research Articles

Are Women Getting (More) Justice? Malaysia's Sharia Courts in Ethnographic and Historical Perspective

Religious law is commonly understood as deeply conservative and unfriendly to women, even when it is reform oriented and “this-worldly.” This essay challenges that understanding. It does so by engaging the practice and lived entailments of Islamic family law and gender pluralism in Malaysia, based on ethnographic fieldwork conducted since the late 1970s. My research reveals that sharia courts are more timely and flexible in responding to women's claims than in decades past, and that these courts are more inclined to punish husbands who transgress sharia family law bearing on women. In addition, women nowadays have far more access to resources for negotiating marriage, its dissolution, and the aftermath. This is not to say that women and men experience marriage, divorce, or the sharia juridical field as social equals; they do not. But this situation is changing in ways that benefit women as long as they embrace increasingly salient and restrictive codes of obedience and heteronormativity. More broadly, the essay problematizes tensions and oppositions between Islamic law and women's rights that are the subject of considerable scholarly debate and contributes to our understanding of the complex entanglements of religion and law.

The Drawbacks of Judicial Pluralism in the Administration of Justice

Legal pluralism in Malaysia has been traditionally a colonial legacy. Legal pluralism not only posits the existence of multiple legal spheres in the same social field but develops certain suppositions concerning the relationships and interaction between them. One area in which there is apparently interesting interaction is in the administration of justice. Whilst legal pluralism may be celebrated because it moves away from the pre-occupation with legal centralism, society cannot afford to have a justice system that is in disarray. This is indeed the case in Malaysia where a common law tradition and civil justice system seem to be at odds with the strong element of religion in the constitution. For more than 50 years, the Malaysian legal system has had to grapple with the ongoing and seemingly endless conflict of judicial authority between the civil and Syariah courts. Syariah courts in Malaysia are exclusively empowered to hear and dispose of cases among Muslims on subject matters enumerated in the first item of List II of the Ninth Schedule of the Federal Constitution.

Understanding Religious Pluralism in Malaysia: A Christian and Muslim Debate

Religious diversity in Malaysia has led to the development of what social scientists refer to as “religious pluralism.” Comprising of major religions of the world such as Islam, Christianity, Buddhism, Hinduism, Chinese Religion, Taoism, Sikhism and “others,” it has become a recent challenge for Malaysia to manage religious diversity and maintain social harmony. The discourse of “religious pluralism” started when some prominent Muslim scholars warned that Muslims in Malaysia are threatened by liberalism and religious pluralism, which can impinge into the faith of Muslims. The method used is based on semi-structured interviews with Muslim and Christian representatives who have been coloured with religio-political voices which was carried out in the year 2015. One of the objectives of this article is to present various academic interpretations of the term religious pluralism, exploring selected writings of social scientists. In addition, the article examines the current debate of religious pluralism in contemporary Malaysia, particularly with respect to the Christian and Muslim communities in the country. Finally, it will propose a number of recommendations on how the discourse can be used as an instrument for healthy coexistence in Malaysia. The findings also assert that different interpretations of religious pluralism among scholars have resulted in misunderstanding of the concept, particularly of members of Muslim and Christian communities in the country.

MUHIBAH IS NOT RELIGIOUS PLURALISM: THE UNDERSTANDING OF RELIGIOUS COEXISTENCE AMONG RELIGIOUS LEADERS IN MALAYSIA

Muhibah is a social philosophy on pluralistic coexistence in Malaysia. It has a profound historical background that deserves to be learnt and appreciated by the Malaysian people and its leaders. Religious pluralism however, is a philosophy developed by John Hick as a response against the Christian exclusive interpretation of the doctrine of salvation. Ironically, of late, there has been a global call which persistently promotes religious pluralism as the philosophy of the day. In Malaysia, the awareness and support for religious pluralism emerged among the religious NGOs at the beginning of the 21st century. Since then, there has been been persistent propagation of religious pluralism in Malaysia. Muhibah on the other hand, remain as a blueprint on unity and national integration in the government policy. This article tries to provide a theoritical and historical comparison between the two terms to understand their meaning and historical significance. The article also shares some of a research findings on 14 religious leaders’ understanding of muhibah and religious pluralism. Their understanding is analysed and compared to gauge which of the two terms (according to them) better relates to religious coexistence in Malaysia. The article reports the research findings which record higher understanding of muhibah compared to religious pluralism. It is therefore suggested that muhibah is a better philosophy for understanding of religious coexistence in this country.

Challenge of Religious Pluralism in Malaysia with Special Reference to the Sufi Thought of Ustaz Ashaari Muhammad

Ustaz Ashaari Muhammad (1937-2010) was a sufi leader best remembered for the controversies surrounding his eschatological teachings which led to the Malaysian government’s banning of his organization, Darul Arqam, in 1994. Loved by admirers but reviled by the state, Ashaari’s influence cut across ethnicity, nationality and religion. While the transnational dimensions of Ashaari’s activities were well-known, aspects of ethno-religious pluralism in his thought, as conveyed in a multitude of written works published independently, have mostly escaped the attention of analysts and casual observers alike. With contemporary Malaysian Islam being invariably understood via ethnically slanted lenses, it would not have occurred to most people that a Malay-Muslim religious personality would actually subscribe to pluralistic conceptions of society which are liable to be interpreted as undermining conceptions of Malay-Muslim hegemony dearly held by the ruling establishment of the day. This chapter seeks to bring to the fore features of Ashaari’s thought which exemplifies integration between Sufism and political realities as conditioned by nation state-defined categories.

Denial, Trivialization and Relegation of Pluralism: The Challenges of Managing Diversity in Multi–religious Malaysia and Indonesia

This article attempts to discuss the various societal responses to religious diversity and pluralism in Malaysia and Indonesia. Its focus is on the Muslim–majority nations of Indonesia and Malaysia, where the idea of religious pluralism among Muslims has taken various shapes. While the state’s management of pluralism is so far characterized by politics of expediency and accommodation to ensure stability, law and order, and harmony, it is the societal or community responses that matter most. Advancing and nurturing the ideas of religious pluralism in social and religious discourse requires commitment in persistency and planning. This, in turn, calls for the need to know how the ideas of pluralism and religious diversity have been understood in society. The challenge of nurturing a substantive pluralism in society warrants recognition and support. This can be made in the realms of theological discourse, political will, educative approach, as well as institutional supportDOI: 10.15408/sdi.v19i3.355

Socioeconomic Development and Ethno-Cultural Diversity: State Policy and the Evolvement of Pluralism in Malaysia

Socioeconomic Development and Ethno-Cultural Diversity: State Policy and the Evolvement of Pluralism in Malaysia

Religious Pluralism in Malaysia: the Journey of Three Prime Ministers

The challenges posed by religious pluralism have become central to any understanding of the complex dynamics of ethnically and religiously diverse societies. Malaysia is no exception. This article examines how recent Malaysian governments have handled these challenges. It situates government actions and pronouncements against the backdrop of Malaysia's colonial and pre-colonial history. The focus is on the declaratory and operational policies of three successive prime ministers (Mahathir, Abdullah and Najib). Careful analysis of this tumultuous period, which has seen the increasing assertiveness of public Muslim discourse, enables us to chart the obstacles to inter-religious harmony that policymakers have had to address. Several questions are at the core of the article: How did each of these leaders handle the emerging crisis of religious pluralism, which is closely entwined with ethnic pluralism? Did their actions match their rhetoric? Taken as a whole, this 15-year period reveals important elements of change and continuity.

The administration of Syariah Courts in Malaysia, 1957–2009

This article analyses the development of the administration of Syariah Courts in Malaysia from the pre-colonial to the post-independence periods. The status of Islam as the official religion during the Malacca Sultanate and the application of Islamic law throughout the administration during that period are agreed upon by most historians. The structure of courts consisting of subordinate and superior levels with the Sultan as the head of the judiciary shows the existence of an organized structure which recognized natural justice as one of the rules of law. After Merdeka (independence), the restructuring and restoring of Syariah Courts in Malaysia took more than 40 years. Subsequently, the current Syariah Court acts and state enactments have been amended and improved to bring them into line with the policy of the government, current situations, and legal pluralism in Malaysia. The process of reform of the Syariah Court was slow, but Muslims in Malaysia handled the matter with tolerance, perseverance, and pa...

More Than One Law for All: Legal Pluralism in Southeast Asia1

It is virtually an article of faith for politicians and lawmakers in common law countries that there must be “one law for all.” For these people, equality under the law means that all people must be treated in exactly the same way by the legal system, regardless of differences in cultural background or religious belief. Among neighboring countries in Southeast Asia, this is not the case. Legal pluralism exists in Malaysia, with a formal system of Shari'a for Muslims and a separate system of Shari'a courts. Additionally, native courts exist to resolve problems relating to members of indigenous communities. In Indonesia, Shari'a courts exist alongside the civil courts to hear family law and inheritance matters relating to Muslims. In some areas of Indonesia, broader Shari'a laws and regulations have been introduced. Islamic finance flourishes in both countries with its own structures and regulations. Adat (customary) rules also continue to exist alongside the formal legal system. Thailand and the Philippines also have multiethnic and multireligious populations and at least some recognition of pluralism in their legal systems. Legal pluralism is not without its difficulties. There have been problems of jurisdiction, difficulties in deciding whether a person belongs in a particular category subject to a certain law, and questions of what to do when a person evinces a desire to leave a category and what to do with cases involving persons from two or more different legal categories. Despite these problems it can be argued that in Malaysia, at least, legal pluralism works reasonably well. This article examines the origin of legal pluralism in Malaysia, Indonesia, and Thailand and outlines ways in which governments have sought to deal with the challenges it presents.

The Rule of Law and Legal Pluralism in Malaysia

In Malaysia, Islam is the religion of the state, although other religions may be practised in peace and harmony. Having inherited the English common law tradition at its independence in 1957, Malaysia is neither a secular state nor an Islamic theocracy. As a matter of fact, the Malaysian Constitution has brought Islamic law under the legislative powers of the federal States. Historical developments have thus led to the existence of two sets of law: common law and shari'ah law. Legal pluralism in Malaysia applies foremost to personal status, but also to some aspects of criminal law. The shari'ah as well as legal pluralism seem to question the rule of law in Malaysia. This two-fold aspect of the rule of law will be analysed in this article. The formal definition of the ‘rule of law’ implies the respect for the hierarchical principle and the Constitution’s supremacy. It will be explained to what extent legal pluralism in Malaysia is challenging the supremacy of the Constitution. Nevertheless, the hierarchical principle is not a goal in itself, and the material definition of the ‘rule of law’ will also be discussed. The second part of this article will focus on potential human rights issues that are implied by the notion of legal pluralism and by shari'ah law in Malaysia.

The Politics of Accommodation and the Problem of National-Building in a Plural Society: The Case of Malaysia

The issue of pluralism in Malaysia has attracted keen interest among scholars and commentators from this country as well as from outside the region. It is an issue that has pre-occupied the Malaysian government since Malaysia’s independence from British colonial rule in 1957. Since then the Malaysian state has been concerned with containing and managing the ‘vulnerabilities’ that can cause conflicts among diverse ethnic and religious groups in the country. The method used to manage ethnic relations has been termed the ‘politics of accommodation’ which is essentially based on the principles of bargaining, cooperation and accommodation among different ethnic groups. It is argued that while it has contributed to the peaceful - albeit precarious - coexistence between them, it also has had an impact of delaying the nation-building process in Malaysia. The pre-occupation of the state with ‘national unity’ and ‘national integration’ and the constant reminders to the public on the importance of ‘unity’ are proof that the ‘politics of accommodation’ as a tool for keeping the country and its diverse segments together are faced with serious challenges. This article attempts to look at the functioning of the ‘politics of accommodation’ as strategy for managing politics and society in a multiethnic society and its impact on nation-building in Malaysia.

Cultural Pluralism in Malaysia: Polity, Military, Mass Media, Education, Religion and Social Class. Edited by John A. Lent. Center for Southeast Asian Studies, Northern Illinois University, Dekalb, Ill., 1977. Special Report No. 14. Pp. x, 111, Preface, Bibliography, Index. Paperback US $6.00.

Cultural Pluralism in Malaysia: Polity, Military, Mass Media, Education, Religion and Social Class. Edited by John A. Lent. Center for Southeast Asian Studies, Northern Illinois University, Dekalb, Ill., 1977. Special Report No. 14. Pp. x, 111, Preface, Bibliography, Index. Paperback US $6.00.

Cultural Pluralism in Malaysia. Polity, Military, Mass Media, Education, Religion and Social Class.

Cultural Pluralism in Malaysia. Polity, Military, Mass Media, Education, Religion and Social Class.

Pluralism in Malaysia: Myth and Reality.

Pluralism in Malaysia: Myth and Reality.