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Includes the annual report of the Malaysian Branch, Royal Asiatic Society.
On 7 December 2014, a group of 25 prominent Malays (G25) issued an open call for moderate Malays and Muslims to speak out against the hate speeches targeted at non-Muslims by supremacist groups. They stressed that the extremist and intolerant voices do not speak for the general Muslim community, and they called for a review of Shariah law and civil law to be in line with the supremacy of the Federal Constitution. Will it be possible to arrest these destructive forces that are taking control of the future wellbeing of Malaysia? The G25 hopes it would, and that this book will bring greater awareness of the dangers that are tearing apart Malaysian's social fabric. In this important volume, 22 leading academics, lawyers and social activists discuss the impact of Islamic bureaucracy in Malaysia and its consistency with the provisions of the Federal Constitution. They also address the socio-political dimensions and cultural-economic implications on Malaysian society. The Contributors Dr Asiah Abu Samah Dr Asma Abdullah Aston Paiva Dr Azmi Sharom Dr Chandra Muzaffar Farouk A. Peru Fawza Sabila Faudzi Firdaus Husni Koh Kek Hoe Lim Heng Seng Dr Maszlee Malik Mohd Afif bin Daud Dr Mohd Azizuddin Mohd Sani Mohd Sheriff Mohd Kassim Dr Mohd Nawab Osman Nizam Bashir Ranita Hussein Rosli Dahlan Dr Shad Saleem Faruqi Shazal Yusuf Zain Dr Syed Farid Alatas Zainah Anwar
This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.