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Few challenges to the modern dream of democratic citizenship appear greater than the presence of severe ethnic, religious, and linguistic divisions in society. With their diverse religions and ethnic communities, the Southeast Asian countries of Malaysia, Singapore, and Indonesia have grappled with this problem since achieving independence after World War II. Each country has on occasion been torn by violence over the proper terms for accommodating pluralism. Until the Asian economic crisis of 1997, however, these nations also enjoyed one of the most sustained economic expansions the non-Western world has ever seen. This timely volume brings together fifteen leading specialists of the region to consider the impact of two generations of nation-building and market-making on pluralism and citizenship in these deeply divided Asian societies. Examining the new face of pluralism from the perspective of markets, politics, gender, and religion, the studies show that each country has developed a strikingly different response to the challenges of citizenship and diversity. The contributors, most of whom come Southeast Asia, pay particular attention to the tension between state and societal approaches to citizenship. They suggest that the achievement of an effectively participatory public sphere in these countries will depend not only on the presence of an independent "civil society," but on a synergy of state and society that nurtures a public culture capable of mediating ethnic, religious, and gender divides. The Politics of Multiculturalism will be of special interest to students of Southeast Asian history and society, anthropologists grappling with questions of citizenship and culture, political scientists studying democracy across cultures, and all readers concerned with the prospects for civility and tolerance in a multicultural world.
This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.
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 the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which 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 confluence of law, religion, politics, and society. This title is also available as Open Access.
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
This book brings together international scholars of Islamic philosophy, theology and politics to examine these current major questions: What is the place of pluralism in the Islamic founding texts? How have sacred and prophetic texts been interpreted throughout major Islamic intellectual history by the Sunnis and Shi‘a? How does contemporary Islamic thought treat religious and political diversity in modern nation states and in societies in transition? How is pluralism dealt with in modern major and minor Islamic contexts? How does modern political Islam deal with pluralism in the public sphere? And what are the major internal and external challenges to pluralism in Islamic contexts? These questions that have become of paramount relevance in religious studies especially during the last three-four decades are answered as critically highlighted in Islamic founding sources, the formative classical sources and how it has been lived and practiced in past and present Islamic majority societies and communities around the world. Case studies cover Egypt, Turkey, Indonesia, and Thailand, besides various internal references to other contexts.
Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians’ ideas about sharia are not isolated from—nor always opposed to—liberal pluralism and secularism. Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.
Essential reading for scholars of gender and sexuality and anyone interested in Asia.
Taking a critical approach to the concept of ‘religious pluralism’, this book examines the dynamics of religious co-existence in Asia as they are directly addressed by governments, or indirectly managed by groups and individuals. It looks at the quality of relations that emerge in encounters among people of different religious traditions or among people who hold different visions within the same tradition. Chapters focus in particular on the places of everyday religious diversity in Asian societies in order to explore how religious groups have confronted new situations of religious diversity. The book goes on to explore the conditions under which active religious pluralism emerges (or not) from material contexts of diversity.
This book traces the expansion of Islamisation within a modern and plural state such as Malaysia. It elaborates on how elements of theology, sacred space, resources, and their interactivity with secular instruments such as legislative, electoral, and new social technological platforms are all instrumentally employed to consolidate a divine bureaucracy. The book makes the point that religious social movements and political parties are only few of the important agents of Islamisation in society. The other is the modern and secular state structure itself. Weber’s legal rational bureaucracy or Hegel’s ethical bureaucracy predominantly characterises a modern feature of governmentality. In this instance an Islamic bureaucracy is advantageously situated not only within an ambit of modernity and therefore legality, but divinity and therefore sacrality as well. This positioning gives religious state agents more salience than any other form of bureaucracy leading to their unquestioned authority in the current contexts of societies with Muslim majority rule. One of the requisites of this condition is the homogenisation of Islam followed by ring-fencing of its constituents. The latter can involve contestations with women, other genders, ‘secular’ Muslims, non-Muslims as well as dissenting Muslims with their differing truthful ‘Islams’.