Islamizing the Law in Malaysia

• In Event: 296. (Mis-)Leading Religion and Politics: Islamization(s) in South and Southeast Asia

Abstract

Malaysia is a multi-racial and multi-religious society with the relationship between the different ethnicities, religions and the state being intricate and often politically, socially and legally loaded. The paper will discuss the relationship between religion, law and politics which has been contentious since independence. At the heart of the debate is the role that Islam takes in the constitutional context of Malaysia and the normative hierarchy between civil law and Islam prompting the question as to whether Malaysia is an Islamic state with Islamic law as supreme law or a secular state with the Constitution being supreme. This question has been answered differently by different parts of society, most notably by politicians and the legal profession.
A consensus so far has not been found and today Malaysia finds itself again at the crossroad as to where it stands in regard to the relationship between religion, law and politics and the borders drawn between them. It has far reaching consequence as it affects other discourses most notably regarding fundamental human rights; the implementation of hudud; as well as the use of law to control in particular as to what is perceived as criticism of Islam.
Given the current political, social and religious climate in Malaysia, a consensus will be unlikely reached as to the definite role that Islam plays in Malaysia. What is clear though, that the positions between the defenders of secularism and the advocates for an increased role of Islam in the state have become more entrenched.

Author

• Kerstin Steiner, La Trobe University