Date of Award

1-1-2001

Thesis Type

Masters

Document Type

Thesis

Divisions

Academy of Islamic Studies

Department

Department of Shariah and Law

Institution

Universiti Malaya

Abstract

Muslim political parties, 'Parti Islam Se Malaysia· (PAS) and United Malay Natrona! Organization (UMNO) have never reached a consensus over the implementation of Islamic laws Discussing the long fought? issue has never appealed to UMNO and PAS. The conflict between these two parties has become a continual polemic and is difficult to restrain, which can yield both positive and negative implications. PAS and other Islamic movements perceive the government as not having the aspiration to execute Islamic laws. Many factors have driven them to this conclusion. The vague and loose government policy which does not indicate whether it upholds Islamic laws is one. To these groups, whatever the government has done is seen as 'window dressing' and its attitude as double standard. The government believes that ii has the aspiration to carry out Islamic laws. That the government does have this goal has been proven in many instances. This contention would be interesting to study. We have not found a definite answer on the issue at hand - whether the government has the aspiration or not. This study focuses on the political aspiration and legal implementation based on two challenges. The first being whether the government has a relatively high of aspiration. If it has. this study will try to find an answer that can serve as the foundation or bench mark in ascertaining the existence of that aspiration. The study also examines the factors which have generated this aspiration as well as how it has been materialized. The second explores into why Islamic laws have not been implemented when the aspiration exists. the obstruction toward implementing the aspiration and the reasons behind the differing perceptions among !he Malays 1n handling the issue. These issues will be discussed at length 1n five chapters The first chapter deals with theory and methodology. focusing on the background. Objective and scope of study This is followed by the defm1hon of aspiration and its relation to idea aspiration is an intrinsic value that is difficult to prove unless there is significant evidence that depicts its relativity high. In theory, how members can influence the form of aspiration is also examined. The second chapter delves into the background of Muslim politics existence 1n the Malay Peninsula. It also studies the influence of Islam on socio-cultural, thoughts. beliefs, economic system. politics and the Islamic legislation. beginning with the traditional political system and Islamic laws up to the British arrival. The Colonial influence has caused pans of the Islamic laws being practiced in the legal system of this country to be curtailed. The British nave substituted the traditional political values of the Malays and the Islamic laws with the Western system. This has brought about the new culture in politics and the administrative system in the Malay Peninsula The democratic system has forced the Malays to shave their power with the 'immigrants semangat kepartian' based on racial importance exists within the Malays, Chinese and Indians which affects the process of implementing Islamic laws in this country. Chapter Three analyses the level of relatively high of the government aspiration in implementing the Islamic legal system. Proof of evidence will be based on the channel of thinking of the government leaders. amendments made to the national policy legislation, analysis of various financial resources in the constitution that can generate the growth of the religion and Islamic institutions. Evidence is further corroborated by elaborating the contributions made by the government as a reflection of the existence of aspiration, starting from the lslamisation of the education system, administration, legislation. economics. religious engagements, and modernization to the Syariah legislative institution 1n Malaysia. It also studies individual reactions especially those of PAS and UMNO leaders at division level. All these are seen as bench marks to the relatively high aspiration of government. Factors influencing the relativity high of aspiration are presented in Chapter Four The rivalry among Muslim political parties. societal pressures [desakan masyarakat] resulting from the rise of Islam. the is1amization of UMNO. the individual awareness of leaders due to the traits of human nature and the pressure to preserve our image as an Islamic country are the deciding factors to the relatively high of aspiration towards the implementation of Islamic laws. The conclusion discussed in Chapter Five, is derived from analyzing a few discoveries made and data collected from the previous chapters. This chapter further explains the current scenario of Islamic legislation and the future of Islamic laws in Malaysia. Finally, this study puts forward a few suggestions for future research which can be served as foundations to the findings in this dissertation as well as other discoveries that may be of help towards implementing the Islamic laws in Malaysia.

Initial

snms

Additional Information

Dissertation (M.A) -- Academy of Islamic Studies, Universiti Malaya, 2001.

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