Criminalising religious pluralism : the legal treatment of Shiites in Malaysia

Samuri, MA-A; Quraishi, MM

Abstract

Shia teachings and doctrine are currently being socially-constructed as a new threat to the survival of Sunni Islam, followed by the majority of Muslims in Malaysia. The Government has taken action by using legal mechanisms to control the influence of Shia teachings and to prevent its widespread proliferation. The Islamic legal provisions concerning aqidah (Islamic creed)-related offences and fatwas are potentially regarded as tools to monitor the lives of Shia individuals and communities in Malaysia. This article critically evaluates the formal consequences for Shia communities in Malaysia stemming from a legal framework, which is based on Sunni Islam. Furthermore, this article evaluates the extent to which Islamic law and fatwas in Malaysia can control the practice and promulgation of Shia teachings. The significance of this article is in its depiction of how Islamic law in a Sunni Islamic state may impact the religious practices of individuals and communities who make up a Muslim minority, with Shiites being the prime example.

Keywords: Faith-related crime; Sharia law in Malaysia; Minority religious group right; Sunni-Shiite relationship; Islam in Malaysia;

• Journal Article Type: Article
• Acceptance Date: Jun 30, 2017
• Online Publication Date: Jul 20, 2018
• Publication Date: Jan 1, 2016
• Deposit Date: Aug 11, 2017
• Publicly Available Date: Aug 1, 2018
• Journal: Journal of Shi'a Islamic Studies
• Print ISSN: 1748-9423
• Electronic ISSN: 2051-557X
• Volume: IX
• Issue: 4
• Pages: 425-454
• Publisher URL: https://doi.org/10.1353/isl.2016.0035
• Related Public URLs: http://www.islamic-college.ac.uk/journal/