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v. 2 ISBN 9781848850668
内容説明
The substantive regulations and legal institutions through which the state manages the religions of its Malay minority in contemporary Singapore are the focus of this volume. Through a detailed account of positive law and related religious and social institutions, Lindsey and Steiner explore the balance that the Singaporean government seeks to maintain between its obligations to an indigenous Muslim minority and the needs of its majority non-Muslim immigrant community.
目次
Glossary
Table of Contents
Acknowledgements
Preface
Introduction
Chapter 1. Governing the Muslim Minority in Singapore: Law, Legal Institutions and the Anglo-Malay Madhhab
Part I. Sources of Islamic Regulation in Singapore
Chapter 2. Islamic Law under Colonial Rule: The Ordinances
1. Reception of English Law and its Influence on Islamic Law
2. Administration of Islam under Colonial Rule
3. Trends for the Post-colonial Development
Chapter 3. Islamic Law Post-Independence: The Administration of Muslim Law Act
Part II. Non-Judicial Legal Institutions in Singapore
Chapter 4. State Islamic Institutions
1. The Ministries: Muslim Affairs and Community Development, Youth and Sports (MCYS)
2. Registrar of Muslim Marriages (ROMM)
3. Fatawa and the Majlis Ugama Islam Singapore (MUIS)
Chapter 5. Regulation of Islamic Education
1. Madrasah
2. Other Islamic Education at Private Institutions
3. Islamic Education at Secular Schools
4. The Future of Islamic Religious Education
Part III. The Religious Judiciary in Singapore
Chapter 6. The Syari'ah Court System
Part IV. Judicial Decision Making
Chapter 7. Judicial Decision Making in the Religious Courts
*Case study: divorce
Part V. Alternative Visions of Syari'ah and State Responses in Singapore
Chapter 8. The Malay Minority and the Politics of Syari'ah in Singapore
Bibliography
Index
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v. 3 ISBN 9781848850675
内容説明
Malaysia and Brunei both apply a complex hybrid body of positive law to their Malay Muslim majorities. This volume traces the development of a unique 'Anglo-Malay madhhab' in these states, initially by colonial and latterly by successor states. In Malaysia and Brunei, shari'ah has been filtered through Anglo-common law state institutions, creating a hybrid 'Anglo-Muslim' mixture of legal doctrines. This system of jurisprudence makes only very limited reference to the classical shari'ah but draws heavily on the secular English common law and its legal traditions, procedures and principles. In post-colonial times, this system has not been accepted without resistance and this volume considers the impact of colonial and successor states on the development of legal institutions and systems of Malaysia and Brunei.
目次
- Glossary
Table of Contents
Acknowledgements
Preface
Introduction
Chapter 1. Syari'ah, Daulat and the Malays: Laws, Legal Institutions and the Anglo-Malay Madhhab
Part A: Malaysia
Chapter 2. Overview: Islamic Laws in Malaysia: Religion and the Federation
Part I. Sources of Islamic Regulation in Malaysia
Chapter 3. Syari'ah Law under Colonial Rule
Chapter 4. Syari'ah Law after Independence
1. The Constitution
2. Early Legislation
3. Current Legislation
4. Moral Offenses
5. Fatawa
Part II. Non-Judicial Legal Institutions in Malaysia
Chapter 5. State Islamic Institutions
1. Department of Religious Affairs
2. JKSM (Department of Islamic Judiciary)
3. Religious Enforcement Officers
4. Ulama Councils
Chapter 6. Regulation of Islamic Financial Institutions
1. Syari'ah Banking
2. Zakat Organisation
3. Lembaga Tabung Haji
4. Wakaf
5. Zakat and Islamic Philanthropy
Chapter 7. Regulation of Islamic Education
1. Madrasah
2. Tertiary Institutions
3. Others
Part III. The Religious Judiciary in Malaysia
Chapter 8. Syari'ah Courts and the Secular Judiciary Jurisdictional Division
1. Federal Syari'ah Courts
2. State Syari'ah Courts
3. Case Study: Apostasy
Part IV. Judicial Decision Making
Chapter 9. Judicial Decision Making in the Religious Courts
*. Case Studies: Conversion
- Inter-religious Divorce
Part V. Alternative Visions of Syari'ah and State Responses in Malaysia
Chapter 10. The PAS Codes
1. Kelantan
2. Terengganu
Chapter 11. Sisters in Islam
Chapter 12. State Responses
Part B: Brunei
Chapter 12. Overview: Islamic Laws in Brunei: Sultan, Sovereignty and Syari'ah
Part I. Sources of Islamic Regulation in Brunei
Chapter 13. Syari'ah Laws under Colonial Rule
1. Mohammedan Laws Enactment of 1912
2. Mohammedan Marriage and Divorce Enactment of 1913
Chapter 14. Syari'ah Laws in Brunei after Independence
1. Early Legislation: The Religious Council, State Custom and Kathis Courts Enactment of 1955
2. Current Legislation
Chapter 15. Fatawa and the State Mufti's Office
Part II. Non-Judicial Legal Institutions in Brunei
Chapter 16. State Islamic Institutions
1. The Sultan
2. State Councils
3. Ministry of Religious Affairs
Chapter 17. Regulation of Islamic Financial Institutions
Chapter 18. Regulation of Islamic Education
1. Madrasah
2. Tertiary Institutions
Part III. The Religious Judiciary in Brunei
Chapter 19. Syari'ah Courts and the Secular Judiciary: Jurisdictional Division
Chapter 20. The Religious Courts
1. The Kathi
2. The Syar'iah Court
4. Appeals
Part IV. Judicial Decisions Making
Chapter 21. Judicial Decision Making in the Religious Courts
* Case Studies: Conversion, divorce
Part V. Alternative Visions of Syari'ah and State Responses in Brunei
Chapter 22. Syari'ah Political Movements
Bibliography
Index
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: set ISBN 9781848850682
内容説明
Southeast Asia has the world's largest Muslim population - Indonesia alone is home to more Muslims than the entire Middle East - yet nowhere in the region has a theocratic government emerged. Instead, Southeast Asian Islam is characterised by heterodox local traditions. Muslim societies today are torn between radical Islamist reformers calling for Shari'ah law and secular governments using law to contain and co-opt it. The result is a tension between state laws and institutions and Islamic alternatives. These three volumes provide an up-to-date, expert account of this complex contest across contemporary Indonesia, Singapore, Malaysia and Brunei in a comprehensive form not attempted for decades, including coverage on a range of areas including legal doctrine, substantive laws, judicial decision-making, the administration of religion, intellectual debate and state policy developments.
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