This article begins with a section on historical developments affecting the application of sharia in Malaysia and limitations that were imposed on it in the Federal Constitution and other laws. [First section] provides background information on issuance of fatwas (rulings or verdicts) by the Mufti and Islamic Religious Councils, their scopes and binding force under the state enactment. This is followed in section 3, by a discussion of polygamy and restriciton that were imposed on it under IFL 1984 and then the relaxation of those restrictions through subsequent amendments in 1994. A similar pattern of discussion is presented in section 4 pertaining to divorce. Section 5 discusses the fatwa and recent legistlation that demands strict adherence to fatwas, making, for the first time in the Malaysian legal history, the violation of a fatwa into a punishable offence. Section 6 reviews the continuing impasse over the shariah Criminal Code of Kelatan, known as the Hudud Bill.The last two sections discuss specific cases over apostasy and participation in beauty pageants by Muslim girls.
Issues and Developments,” Yearbook of Islamic and Middle Eastern Law, Vol. 4 (1997-1998), London: Kluwer Law International, 1998, pp 153-180.
Building a Better Bridge – Muslims, Christians and the Common Good, Washington: Georgetown Uni Press, (2008), pp 103-113.
This book addresses Sharia-related issues that Malaysia has experienced in recent decades, especially since the 1970s when Islam became a more visible aspect of government policy.The quest for relevant answers to Shariah Law reform through ijtihad adn other issues of concern to society is bound to be a continuing preoccupation of every representative government in this country. This book is a modest contribution to this continuing search for balanced approaches to Sharia-related issues.
By Mohammad Hashim Kamali
Islamic Law in Malaysia Issues and Developments, Kuala Lumpur: Ilmiah Publishers, 2000, pp 345. (With a Foreword by Dr. Mahathir Mohamad, Prime Minister of Malaysia).
A SYARIAH High Court judge suggested at a seminar in Kuantan early last month that Malaysia should criminalise black magic and introduce a law to that effect, adding that the practice of black magic was becoming rampant, especially among the Malay community. This was not the first time such a proposal was made as a similar suggestion was advanced by the mufti of Selangor last December........ Download the full article in pdf attachment (below)
THE untimely death of Ashraf Hafiz Abdul Aziz at 26 and the difficulties he faced put many in a reflective mood as to what could have been done better to address his suffering when he was alive. By refusing to grant Ashraf his plea to change and register his name as Aleesha Farhana, the courts may have adhered to the letter of the law but it is questionable whether they were compassionate enough. If one were to learn a lesson, it would be to find better answers through suitable legislation and grant of flexibility in the adjudication of intensely humanitarian cases such as Ashraf's........ Download the full article in pdf attachment (below)