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Islam and Customary Law in the Malaysian Legal Context

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Family Law and Customary Law in Asia

Abstract

The Malays in Malaya did not become Muslims until comparatively recent times and it is generally accepted that the Malays were not Muslims at the time when they migrated from Sumatra. When they came to Malaya they brought with them and preserved much of their ancient customary law. Muslim law has been superimposed on this. Although the Malays are generally strict Muslims they have never adopted the whole of the Muslim law, and the Muslim law which is applied in Malaya is Muslim law varied by Malay custom.

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References

  1. Sir William Maxwell, “Law and Customs of the Malays with reference to tenure of land” in Journal of the Straits Branch of the Royal Asiatic Society, No. 13 (1884), pp. 75–220; R. J. Wilkinson, Malay Law, op. cit., p. 36-37. Sir Richard Winstedt, “An old Minangkabau Legal Digest, from Perak,” op. cit., p. 2 and 12.

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© 1968 Springer Science+Business Media Dordrecht

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Buxbaum, D.C. (1968). Islam and Customary Law in the Malaysian Legal Context. In: Buxbaum, D.C. (eds) Family Law and Customary Law in Asia. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-6216-8_8

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  • DOI: https://doi.org/10.1007/978-94-017-6216-8_8

  • Publisher Name: Springer, Dordrecht

  • Print ISBN: 978-94-017-5794-2

  • Online ISBN: 978-94-017-6216-8

  • eBook Packages: Springer Book Archive

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