The Challenge of Religious Pluralism in Malaysia
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Constituting the Muslim Woman in Malaysia Iza Hussin
Citing Gender: Constituting the Muslim Woman in Malaysia Iza Hussin To cite this version: Iza Hussin. Citing Gender: Constituting the Muslim Woman in Malaysia. Cultural and Social History, Taylor & Francis (Routledge), 2017, 14 (4), pp.513-525. 10.1080/14780038.2017.1329128. halshs- 03157997 HAL Id: halshs-03157997 https://halshs.archives-ouvertes.fr/halshs-03157997 Submitted on 3 Mar 2021 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Cultural and Social History The Journal of the Social History Society ISSN: 1478-0038 (Print) 1478-0046 (Online) Journal homepage: https://www.tandfonline.com/loi/rfcs20 Citing Gender: Constituting the Muslim Woman in Malaysia Iza Hussin To cite this article: Iza Hussin (2017) Citing Gender: Constituting the Muslim Woman in Malaysia, Cultural and Social History, 14:4, 513-525, DOI: 10.1080/14780038.2017.1329128 To link to this article: https://doi.org/10.1080/14780038.2017.1329128 Published online: 08 Jun 2017. Submit your article to this journal Article views: 223 View related articles View Crossmark data Citing articles: 2 View citing articles Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=rfcs20 CULTURAL AND SOCIAL HISTORY, 2017 VOL. -
Using Transnational Advocacy Networks to Challenge Restrictions on Religion: Christian Minorities in Malaysia and India
Using Transnational Advocacy Networks to Challenge Restrictions on Religion: Christian Minorities in Malaysia and India A dissertation submitted to the Graduate School of the University of Cincinnati in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science of the College of Arts and Sciences by Kristina M. Teater M.A. Wright State University B.A. Milligan College July 2019 Committee Chair: Laura Dudley Jenkins, Ph.D. ii Abstract State-imposed restrictions on religious freedom challenge the rights of minorities. While some minorities live in authoritarian regimes, others live in countries with religious rights institutionalized in national constitutions and international human rights treaties. Despite these guarantees, minorities face restrictions on religion through laws and regulations that restrict what religion they choose and limit how they practice their faith. Thus minorities that in theory are supposed to have religious freedom also encounter religious freedom restrictions in practice. Faced with blockages that restrict their religious rights, minorities at times turn to transnational advocacy networks (TANs). Through my analysis of Christian minorities in Malaysia and India, I discover what some of these blockages are and how minorities and their transnational partners have negotiated with the state in recent legal challenges to Christians’ rights. I focus on the agency and strategies of minorities by listening to their opinions, arguments, and reasoning, as articulated through interviews, legal documents, and an original survey. In doing so, this study differs from recent scholarship that traces the structure and organization of TANs. I find that how Christian minorities use transnational advocacy networks is dependent on the political opportunities that are available to them domestically. -
Punishment for Apostasy: Conflict Between the Right to Freedom of Religion and Criminal Sentence, a Case Study in Malaysia
Punishment for Apostasy: Conflict Between the Right to Freedom of Religion and Criminal Sentence, A Case Study in Malaysia Mohamed Azam Mohamed Adil Abstract My article is concerned with the conflict in laws between freedom of religion and law of apostasy within the broader Malaysian constitutional framework. The issue is controversial because, while freedom of religion is guaranteed in the Malaysian Constitution, some respective states in Malaysia have treated Muslims who intend to leave the Islamic faith as criminals. Even though there is no death penalty for apostasy in Malaysia, apostates shall be detained, fined or punishable with imprisonment up to three years. Such punishments seem contrary to the provision of Article 11(1) of the Federal Constitution which guarantees the right of freedom of religion. It also deprived individual liberty as provided in Article 5(1) of the Federal Constitution. Moreover, these punishments also seem contrary to Article 4(1) of the Federal Constitution that maintains the supremacy of the Constitution, and Article 75 that upholds the Federal law powers in the event where State law is inconsistent with the Federal law. This article seeks to study in depth the notion of the right of freedom of religion and the question of apostasy from the Malaysian laws perspective. In doing so, this article will investigate whether Muslims are given the right to leave the Islamic faith and to choose and profess any religion they wish as guaranteed under Article 11(1) of the Federal Constitution. This article will also highlight the problems surrounding the provisions in relation to law of apostasy in Malaysia. -
Open LIM Doctoral Dissertation 2009.Pdf
The Pennsylvania State University The Graduate School College of Communications BLOGGING AND DEMOCRACY: BLOGS IN MALAYSIAN POLITICAL DISCOURSE A Dissertation in Mass Communications by Ming Kuok Lim © 2009 Ming Kuok Lim Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy August 2009 The dissertation of Ming Kuok Lim was reviewed and approved* by the following: Amit M. Schejter Associate Professor of Mass Communications Dissertation Advisor Chair of Committee Richard D. Taylor Professor of Mass Communications Jorge R. Schement Distinguished Professor of Mass Communications John Christman Associate Professor of Philosophy, Political Science, and Women’s Studies John S. Nichols Professor of Mass Communications Associate Dean for Graduate Studies and Research *Signatures are on file in the Graduate School iii ABSTRACT This study examines how socio-political blogs contribute to the development of democracy in Malaysia. It suggests that blogs perform three main functions, which help make a democracy more meaningful: blogs as fifth estate, blogs as networks, and blogs as platform for expression. First, blogs function as the fifth estate performing checks-and-balances over the government. This function is expressed by blogs’ role in the dissemination of information, providing alternative perspectives that challenge the dominant frame, and setting of news agenda. The second function of blogs is that they perform as networks. This is linked to the social-networking aspect of the blogosphere both online and offline. Blogs also have the potential to act as mobilizing agents. The mobilizing capability of blogs facilitated the mass street protests, which took place in late- 2007 and early-2008 in Malaysia. -
Report of the Official Parliamentary Delegation to Sri Lanka and Malaysia
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA Report of the Australian Parliamentary Delegation to Malaysia and to Sri Lanka 5 December to 14 December 2011 October 2012 The Parliament of the Commonwealth of Australia Report of the Australian Parliamentary Delegation Malaysia and Sri Lanka 5 December to 14 December 2011 October 2012 Canberra © Commonwealth of Australia 2012 ISBN 978-0-642-79614-1 (Printed version) This work is licensed under the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 Australia License. The details of this licence are available on the Creative Commons website: http://creativecommons.org/licenses/by-nc-nd/3.0/au/. Contents Membership of the Delegation ................................................................................. vi REPORT 1 Introduction ......................................................................................................... 1 Aims and objectives of the visits ................................................................................................. 2 Appreciation ................................................................................................................................ 2 2 Malaysia ............................................................................................................... 5 Malaysia at a glance ................................................................................................................... 5 Background .............................................................................................................................. -
Constitutional Accommodation of the Rights of Ethnic and Religious Minorities in Plural Democracies: Lessons and Cautionary Tales from South-East Asia
Pace International Law Review Volume 22 Issue 1 Winter 2010 Article 2 January 2010 Constitutional Accommodation of the Rights of Ethnic and Religious Minorities in Plural Democracies: Lessons and Cautionary Tales from South-East Asia Li-ann Thio National University of Singapore Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Li-ann Thio, Constitutional Accommodation of the Rights of Ethnic and Religious Minorities in Plural Democracies: Lessons and Cautionary Tales from South-East Asia, 22 Pace Int'l L. Rev. 43 (2010) Available at: https://digitalcommons.pace.edu/pilr/vol22/iss1/2 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. CONSTITUTIONAL ACCOMMODATION OF THE RIGHTS OF ETHNIC AND RELIGIOUS MINORITIES IN PLURAL DEMOCRACIES: LESSONS AND CAUTIONARY TALES FROM SOUTH-EAST ASIA Li-ann Thio* I. MANAGING BABEL1 An enduring problem for constitutional design and democratic practice within the context of a plural society with ethnic, religious and linguistic religious minorities is the need to address the fears and aspirations of these groups in relation to threats to their identity and autonomy.2 It is difficult to secure unity in the face of * Ph.D. (Cambridge); LL.M (Harvard); B.A. (Hons)(Oxford), Barrister (Gray‟s Inn, UK), Professor of Law, National University of Singapore; sometime Member of Singapore Parliament (Nominated), (Eleventh Session, 2007-2009). This article builds on a paper presented at the Regional Conference on Constitutional Democracy in Africa in the 21st Century: Challenges, Best Practices and Opportunities, Nairobi, Kenya, 19-22nd August 2008, convened by the Kenyan Ministry of Justice, National Cohesion and Constitutional Affairs in collaboration with the Institute for Global Engagement. -
11 of 11 DOCUMENTS © 2011 Lexisnexis Asia (A Division of Reed Elsevier (S) Pte Ltd) the Malayan Law Journal View PDF Image LINA
Page 1 11 of 11 DOCUMENTS © 2011 LexisNexis Asia (a division of Reed Elsevier (S) Pte Ltd) The Malayan Law Journal View PDF image LINA JOY v MAJLIS AGAMA ISLAM WILAYAH & ANOR [2004] 2 MLJ 119 ORIGINATING SUMMONS NO R2-24-30 OF 2000 HIGH COURT (KUALA LUMPUR) DECIDED-DATE-1: 18 APRIL 2001 FAIZA TAMBY CHIK J CATCHWORDS: Constitutional Law - Fundamental liberties - Right to religious freedom - Converting out of Islam - Extent of religious freedom to profess a religion of choice - Article 11(1) of Federal Constitution - Whether art 11(1) takes precedence over art 3(1) - Whether a Muslim bound by the Syariah laws on issues relating to conversion out of Islam Constitutional Law - Fundamental liberties - Right to religious freedom - Extent of religious freedom to profess a religion of choice - Article 11(1) of Federal Constitution - Whether to be read in isolation - Whether principle of harmonious construction applicable Islamic Law - Syariah Court - Jurisdiction - Apostasy - Whether Syariah Court seized with jurisdiction to hear on renunciation of Islam - Whether right to affirm or declare faith in another religion subject to Syariah laws Words and Phrases - 'Malay' - Definition of - Article 160(2) of Federal Constitution HEADNOTES: The plaintiff was born as a Muslim, she was brought up as a Muslim or her upbringing was conducted on the basis that she was a Muslim, she lived as a Muslim with her family and is commonly reputed to be a Muslim. The plaintiff's parents are both Malays. She had applied to the National Registration Department (NRD) to change her name from Azlina bte Jailani to Lina Lelani and in support stated, inter alia, that she intends to marry a person who is Christian. -
The Question of the Future of Indian Muslims in Malaysia: the Post-Mahathir Legacy Era
AFRICAN AND ASIAN STUDIES African and Asian Studies 11 (2012) 219-246 brill.nl/aas The Question of the Future of Indian Muslims in Malaysia: The Post-Mahathir Legacy Era Ahmad Noor Sulastry Yurni* Department of Anthropology & Sociology, Faculty of Arts and Social Sciences, University of Malaya, 50603 Kuala Lumpur, Malaysia E-mail: [email protected]; [email protected] Abstract The Malays, Chinese and Indian community in Malaysia have been homogenized since British colonialism. The existence of Indian Muslims’ identity caused a new paradigm shift in Malaysia involving the racial discussion. This paper traces the diffference in Indian Muslims’ identities from Indian and the Hindus. I argued that Indian Muslims share Islam as their religion and faith, while maintaining a Malay way of life and custom in their daily practices. In Malaysia, the Indian Mus- lim community struggled to place their future in terms of social, economic allocation and politi- cal justifijication among the other communities. However, the strength of ethnic politics clearly charted out their involvement in the political base and moved them to fijight for their cause and rights. Hence, today’s Indian Muslim community has caused an Islamic resurgence, which has brought a new Indian dimension as a whole. Keywords homogenized; religion; race; identity and human rights Introduction As a multi-racial country, Malaysia has four major ethnic groups, each with its own traditions: Malay, Chinese, Indian and the indigenous people. Indians form 7.8 percent of the country’s total population of 27 million and are mostly Hindu with origin from Tamil Nadu. The Muslim Malays form 60 percent of the population while the Chinese, who account for 25 percent, are Buddhists or Christians. -
Constituting the Muslim Woman in Malaysia
CITING GENDER: CONSTITUTING THE MUSLIM WOMAN IN MALAYSIA IZA HUSSIN, UNIVERSITY OF CAMBRIDGE INTRODUCTION In 2006, two Malaysian courts, making determinations in cases involving Muslim women leaving Islam, came to contradictory verdicts. One court was the civil federal jurisdiction of the Malaysian Court of Appeals, and the other a syariah state jurisdiction in Negri Sembilan, applying hukum syara’ (the Malaysian version of Islamic law). The first of these cases, Lina Joy, is perhaps the best known Malaysian court case worldwide, involving a woman whose petition to have her conversion from Islam to Christianity recognised by the state, in order that she might marry her Christian fiancé, was denied on the grounds of her race. To be ‘Malay’, according to Article 160(2) of the Malaysian constitution, is to be ‘a person who professes the religion of Islam, habitually speaks the Malay language and conforms to Malay custom.’1 The 2001 judgement on Lina Joy argued, ‘a person as long as he/she is a Malay and by definition under Art. 160 cl. (2) is a Malay…cannot renounce his/her religion at all.’2 In the second case, Nyonya Tahir, decided later that same year, a Malay woman was declared shortly after her death by the Syariah High Court of Negri Sembilan to have left Islam, allowing her body to be released to her family for burial beside her Chinese husband in a Buddhist cemetery.3 Studies of gender and justice have often shown that broad questions of constitutional law and the identity of the state tend to be fought over the lives and bodies of women. -
From Plural Society to Bangsa Malaysia: Ethnicity and Nationalism in the Politics of Nation-Building in Malaysia
FROM PLURAL SOCIETY TO BANGSA MALAYSIA: ETHNICITY AND NATIONALISM IN THE POLITICS OF NATION-BUILDING IN MALAYSIA Mohamed Mustafa Bin Ishak Submitted in accordance with the requirements for the degree of Doctor of Philosophy The University of Leeds Department of Sociology and Social Policy & Department of Politics July 1999 The candidate confirms that the work submitted is his own and that appropriate credit has been given where reference has been made to the work of others. i From plural society to Ban gsa Malaysia: Ethnicity and nationalism in the politics of nation-building in Malaysia Doctor of Philosophy July 1999 ABSTRACT The question of nation-building has always been a central issue in Malaysian politics. Whilst the country has been able to sustain a relatively stable politics since the 1969 tragedy, and hence spawn a rapid economic development (at least until the 1997 Asian economic crisis), the project of nation-building remained a basic national agenda yet to be fully resolved. This study investigates the delicate process of nation-building in Malaysia in the post 1970s, especially in the context of the vision of constructing the Bangsa Malaysia or 'a united Malaysian nation' enshrined in Mahathir's Vision 2020 project which was introduced in 1991. The aim of the study is firstly, to examine the underlying socio-political parameters that shaped and influenced the politics of nation-building in the country, and secondly, to explore the viability of the project of Bangsa Malaysia in the context of the daunting challenges involved in the process of nation-building. Drawing from a range of theoretical frameworks as well as from both primary and secondary data, the study contends that, based on the Malaysian experience, the potent interplay between the forces of ethnicity and nationalism constitute the crux of the problems in the politics of nation-building in Malaysia. -
Constituting Religion
Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.93, on 27 Sep 2021 at 12:55:29, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://www.cambridge.org/core/product/888E17F4ACC3739CE1AA443FD07C9BA8 Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.93, on 27 Sep 2021 at 12:55:29, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://www.cambridge.org/core/product/888E17F4ACC3739CE1AA443FD07C9BA8 constituting religion Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a “rights-versus-rites binary” in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the “judicialization of religion” and examines the radiating effects of courts on popular legal and religious consciousness. The book docu- ments how legal institutions catalyze ideological struggles that stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the con- fluence of law, religion, politics, and society. This title is also available as Open Access on Cambridge Core at https://doi.org/10.1017/ 9781108539296. -
Freedom of Religion in Malaysia: a Tangled Web of Legal, Political, and Social Issues Dian Abdul Hamed Shah
NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND COMMERCIAL REGULATION Volume 36 | Number 3 Article 5 Spring 2011 Freedom of Religion in Malaysia: A Tangled Web of Legal, Political, and Social Issues Dian Abdul Hamed Shah Mohd Azizuddin Sani Mohd Follow this and additional works at: http://scholarship.law.unc.edu/ncilj Recommended Citation Dian A. Shah & Mohd A. Sani Mohd, Freedom of Religion in Malaysia: A Tangled Web of Legal, Political, and Social Issues, 36 N.C. J. Int'l L. & Com. Reg. 647 (2010). Available at: http://scholarship.law.unc.edu/ncilj/vol36/iss3/5 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law and Commercial Regulation by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Freedom of Religion in Malaysia: A Tangled Web of Legal, Political, and Social Issues Cover Page Footnote International Law; Commercial Law; Law This article is available in North Carolina Journal of International Law and Commercial Regulation: http://scholarship.law.unc.edu/ ncilj/vol36/iss3/5 Freedom of Religion in Malaysia: A Tangled Web of Legal, Political, and Social Issues Dian Abdul Hamed Shahf and Mohd Azizuddin Mohd Saniff I. Abstract. .................................. 648 II. Introduction .......................... ...... 649 III. International Standards on Religious Freedom: Theories and Perspectives ...................... ....... 652 A. International Human Rights Instruments .... ..... 652 B. The Universal Argument. ............... ..... 654 C. The Cultural Relativist Argument... ................ 656 IV. The Malaysian Constitutional Framework on Religion and Religious Freedom ........................ 658 A. Islam as Religion of the Federation ..