Law and Justice In Malaysia, 2020 and Beyond

Salim Farrar is an Associate Professor and Associate Director of the Centre for Asian and Pacific Law within the Sydney Law School at the University of Sydney, and formerly of the International Islamic University Malaysia. He teaches and researches in Islamic Law, Islamic Ethics, Malaysian Law, International Law, Criminal Justice and Comparative Law. With Ghena Krayem, he is the author of Accommodating Muslims Under Common Law: A Comparative Analysis (Routledge, 2016, 2018); and the editor of Law and Development Review, Special Issue: Law and Development in the Islamic World, Vol 13 (2) (De Gruyter, 2020).

Paul Subramaniam is currently the Chief Risk Officer of ZICO Holdings Inc. Prior to his current position, he was an Advocate and Solicitor of the High Court of Malaya for 27 years, practising in the field of Litigation and Dispute Resolution. He was also the Head of Knowledge Management and Training for ZICO Law, a network of independent law firms in the ASEAN region. He is the author of A Practical Guide to Preventive Relief – Injunctions, and was the advisory editor of the volumes on Bankruptcy and Injunctions in the MLJ Handbooks Series.
 

This book surveys the landscape of law and justice in Malaysia now and beyond through a re-evaluation of Vision 2020. It contains the views and analyses of pre-eminent legal thinkers and writers, with a variety of perspectives, from across the ethnic and religious divide, on the role of law within a more holistic view of Malaysia’s development and with a broad understanding of justice.

The present political landscape of the country makes the analyses presented in this book even more relevant. The chapters of this book cover a vast terrain and disparate subject matter, both public and private in nature. Some unique features of Malaysian law, such as constitutional supremacy, legal pluralism and the space given to Indigenous law and Islamic law, are considered.

Part 1, “Law and Government”, focuses on public law matters: law and development; Indigenous land rights, constitutional law and public prosecution.
Part 2, “Family and Finance”, examines matters related more to the private sector: family law, children’s rights and Islamic finance.

This book should be of interest to lawyers, judges, judicial officers, academia, civil society groups and everyone concerned with law and justice in Malaysia.

KEY FEATURES

• Insightful and critical analyses of issues
• Distinguished panel of legal thinkers and writers
• Consideration of topics highly relevant to the Malaysian legal and political landscape
• Extensive citation of sources and legal authorities for further reference
• Critical discussion of Malaysia’s 2020 constitutional crisis

CONTENTS

1. Law and Development in Malaysia: A Vision Beyond 2020?
2. Redressing Native Land Grabs: Finding a State Fiduciary Duty to Consult its Indigenous People in Sarawak, Malaysia
3. Malaysia’s 2020 Constitutional Crisis: The Constitutional Power of the Yang di-Pertuan Agong to Appoint an Interim Prime Minister
4. A Snake with Two Heads: The Two Voices of the Malaysian Constitution
5. The Role of Public Prosecution and Determining the Public Interest in Malaysia
6. Reform of Family Laws: Bridging the Gap Between Legal Doctrine and Family Realities in Malaysian Courts
7. Rights of Children in Malaysia 30 Years After the Convention on the Rights of the Child
8. Navigating the Past and the Future: The Dynamics of Malaysia’s Islamic Capital Market
9. Islamic Finance: Facing the Pandemic, Shaping the Future