One State, Three Legal Systems: Social Cohesion in a Multi-ethnic and Multi-religious Malaysia
| Autor: | A. B. Shamsul |
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| Rok vydání: | 2023 |
| Předmět: | |
| Zdroj: | Boundaries of Religious Freedom: Regulating Religion in Diverse Societies ISBN: 9783031271878 Boundaries of Religious Freedom: Regulating Religion in Diverse Societies ISBN: 9783319096049 |
| Popis: | Adat (indigenous) justice system (highly heterogenous) preceded Islamic-based (mostly homogenous, with minor interpretative differences) and European-based (highly homogenous) legal systems in the Malay-speaking world of Southeast Asia, which includes present-day Brunei, Indonesia and Malaysia. Because the present European-based justice system is understood as resting upon the principle of ‘rationalization’ (in the Weberian sense) and, conversely, the other two systems are based on ‘metaphysical’ principles, they are perceived as not compatible. However, in the multi-ethnic society of Malaysia, where religion (read Islam) has become ‘ethnic identifier’ or ‘identity boundary’, practical efforts are being made to find convergence between the different involved parties through some form of compromising on the differences in principles. This paper is about these efforts. It elaborates and analyzes where they have succeeded and failed, and why, and what the future holds for Malaysia. The Malaysian case is particularly significant in view of the fact that Malaysians have been considered models of sorts of the ‘moderates’ within and outside the Muslim world. |
| Databáze: | OpenAIRE |
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