Law And Justice In Malaysia – 2020 And Beyond

This book examines the state of law and justice in Malaysia today and in the future by reassessing Vision 2020. It offers the opinions and analyses of famous legal authors and philosophers from a range of ethnic and religious backgrounds on how law fits into a more comprehensive vision of justice and Malaysia’s development.

The analyses in this book are even more pertinent today given the nation’s political climate. This book’s chapters address a wide range of topics that are both public and private in nature. The space granted to Islamic law and indigenous law, as well as constitutional supremacy and legal pluralism, are a few distinctive aspects of Malaysian law that are taken into account.

Law and development; Indigenous land rights; constitutional law; and public prosecution are the main topics of Part 1, “Law and Government,” which is concerned with public law issues.
Family law, children’s rights, and Islamic finance are some of the topics covered in Part 2, “Family and Finance,” which is primarily focused on the private sector.

Legal professionals, judges, judicial officials, academics, members of civil society organizations, and anybody else interested in Malaysian law and justice should find this book interesting.

KEY FEATURES

• insightful analyses that are also critical
• A distinguished group of authors and thinkers in law
• Consideration of issues that are extremely pertinent to the legal and political environment in Malaysia Prodigious citation of sources and legal authorities for additional reference
• Analysis on Malaysia’s constitutional dilemma in 2020

TABLE OF 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

About the Editors

Salim Farrar was formerly of the International Islamic University Malaysia and is an Associate Professor and Associate Director of the Centre for Asian and Pacific Law at the Sydney Law School at the University of Sydney. In addition to teaching and conducting research in these fields, he also studies international law, Malaysian law, criminal justice, and comparative law. He co-authored the book Accommodating Muslims Under Common Law: A Comparative Analysis (Routledge, 2016–2018) with Ghena Krayem, and he served as the special issue editor of Law and Development Review’s Vol. 13 (2) issue on law and development in the Islamic world (De Gruyter, 2020).

Paul Subramaniam is ZICO Holdings Inc.’s Chief Risk Officer at the moment. He worked in the area of litigation and dispute resolution for 27 years as an advocate and solicitor of the High Court of Malaya before assuming his current job. Additionally, he was the ASEAN region’s Head of Knowledge Management and Training for ZICO Law, a network of independent law firms. He wrote A Practical Guide to Preventive Relief – Injunctions and served as the consulting editor of the MLJ Handbooks Series volumes on Bankruptcy and Injunctions.