Constituting religion : Islam, liberal rights, and the Malaysian state / Tamir Moustafa.
2018
KPG511.3 .M68 2018 (Mapit)
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Details
Author
Title
Constituting religion : Islam, liberal rights, and the Malaysian state / Tamir Moustafa.
Imprint
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2018.
Copyright
©2018
Description
x, 187 pages : illustrations ; 24 cm.
Series
Cambridge studies in law and society.
Formatted Contents Note
Introduction : Constituting Religion
The Constitutive Power of Law and Courts
The Secular Roots of Islamic Law in Malaysia
Islam and Liberal Rights in the Federal Constitution
The Judicialization of Religion
Constructing the Political Spectacle : Liberal Rights versus Religion in the Court of Public Opinion
The Rights-versus-Rites Binary in Popular Legal Consciousness
"Islam is the Religion of the Federation"
Conclusion
Appendix 1. Religion of the State, Source Law, and Repugnancy Clause Provisions among Muslim-Majority Countries.
The Constitutive Power of Law and Courts
The Secular Roots of Islamic Law in Malaysia
Islam and Liberal Rights in the Federal Constitution
The Judicialization of Religion
Constructing the Political Spectacle : Liberal Rights versus Religion in the Court of Public Opinion
The Rights-versus-Rites Binary in Popular Legal Consciousness
"Islam is the Religion of the Federation"
Conclusion
Appendix 1. Religion of the State, Source Law, and Repugnancy Clause Provisions among Muslim-Majority Countries.
Summary
"Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a "rights-versus-rites binary" in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the "judicialization of religion" and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. Over half of all Muslim-majority countries have constitutions that proclaim Islam the religion of state. Many also require that state law adhere to Islamic law. For instance, the Malaysian Constitution declares that "Islam is the religion of the Federation"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 164-177) and index.
Call Number
KPG511.3 .M68 2018
Language
English
ISBN
9781108423946 hardcover
1108423949 hardcover
9781108439176 paperback
1108439179 paperback
1108423949 hardcover
9781108439176 paperback
1108439179 paperback
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