Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia (SWP 12)

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Peer reviewed: 
Yes, item is peer reviewed.
Scholarly level: 
Faculty/Staff
Final version published as: 

Final version published in the journal Law & Social Inquiry, 38(1)(2013), 168-188. Access via publisher website here.

 

Moustafa, Tamir. Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia, Simons Papers in Security and Development, No. 12/2011, School for International Studies, Simon Fraser University, Vancouver, August 2011.

 

Date created: 
2011
Identifier: 
ISSN 1922-5725
Keywords: 
Islam
Islamic family law
Malaysia
Sharia
Abstract: 

Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being singular, fixed, and purely divine in nature, with a single ‘correct’ answer to any given question. The practical implications of these findings are demonstrated through examples of efforts by women’s-rights activists to reform family law provisions in Malaysia. The examples illustrate how popular misunderstandings of Islamic legal theory hinder the efforts of those working to reform family law codes while strengthening the hand of conservative actors wishing to maintain the status quo. 

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Language: 
English
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Other
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Rights remain with the author.
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