Abstract

During the last two decades, the attempt to implement Sharia’ law in Malaysia has always been put under fire, no thanks to the unsuccessful assimilation it had had integrating into the existing Malaysian law. The fact that Malaysia practiced a dual legislative system doesn’t mean that equality is on the table as by virtue of the Malaysian Federal Constitution, regulation of Sharia’ law is pretty much practical only in a limited range of areas inter alia betrothal, marriage, adoption, and at the center of this paper’s discussion; the creation and punishment of Sharia’-prescribed offences. The Federation has witnessed mild-to-hot prosecution of Sharia’ offenders being put to rest on the typical ground of unconstitutionality and this failure of Sharia’ law enforcement is unsurprisingly bewildering to the ‘layman’ citizens, and just another tropical day to fellow scholars and lawmakers. This paper examines the comparative Sharia’ precepts over the practice of beauty pageantry, of both men and women, and describes further Islam’s stance on its prospect as a profession. It will then present the concept of Ta’zir and Siyasa, justifying logical rationale of the administrative action recently undertook by the Department of Islamic Development Malaysia (commonly known as JAKIM) in enforcing the ban on beauty pageant contest, and discuss the common constitutional restraints plaguing Sharia’ law enforcement in the Federation to at least inject reasonable insights to fellow readers pertaining to the much-discussed practice which has created quite a furore lately. The findings suggest the whole strife did not just play around the contest of who’s being constitutionally compliant and who’s don’t, and uprooting the Federal Constitution is not going to be a bed of roses for lawmakers. The prospect of having a working Sharia’ law side by side with the existing law is already being made possible as reflected within the Islamic Banking and Finance industry by having a centralised Sharia’ Advisory Board at federal level. Albeit being in a different industry, it is a project worth to be looking at. Alternatively, a little twist to the disputed beauty contest could provide a better solution

Year of Publication
2014
Journal
Malaysian Law Journal
Volume
1
Issue
1
Alternate Journal
Shariah Law Reports
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Flesh-exposing Beauty Pageant - How Muslims are Still in the Dark over Its Impermissibility? A Sharia' Perspective

Assistant Professor of Law

Citation: Razak AHA. Flesh-exposing Beauty Pageant - How Muslims are Still in the Dark over Its Impermissibility? A Sharia' Perspective. Malaysian Law Journal. 2014;1(1).

In: Malaysian Law Journal

Published by: , 2014

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