Overview

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.

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9781848850675

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'This book presents a comprehensive discussion of Islam, Law and the State, covering two different countries - Malaysia and Brunei. The authors discuss many important aspects from pre to post independence and up to the current practices in both countries. The smooth flow of the authors' ideas makes the manuscript interesting, easy to understand and readers can follow the discussion easily, even those who have no legal background.' Nurhidayah Muhammad Hashim, Associate Professor, Centre for Islamic Thought and Understanding (CITU), Universiti Teknologi MARA.

Author Information

Tim Lindsey is Malcolm Smith Professor of Asian Law, Director of the Asian Law Centre and Director of the Centre for Islamic Law and Society, both in the Law School at The University of Melbourne. Kerstin Steiner is a Senior Lecturer in the Department of Business Law and Taxation, Faculty of Business and Economics, Monash University, and an Associate of the Asian Law Centre and Centre for Islamic Law and Society, both at The University of Melbourne.

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