Hari tu pada 7 Feb 2011, saya disuruh/diminta jadi reviewer untuk buku yang Supervisor saya tulis. setebal 511 muka surat. Ini untuk rekod saya bahawa inilah catatan review yang saya siapkan dan dikirim pada Penerbit buku tersebut.
Islam, Law and the State in Southeast Asia, Vol III: and
This manuscript presents a comprehensive discussion upon the topic of Islam, Law and the State, covering two different countries i.e Malaysia and Brunei. The authors have discussed many important aspects starting from pre to post independence up to the current practices in both countries. The beautiful flow of the authors’ ideas makes the manuscript is interesting, easy to understand even by those who have no legal background.
However, for improvement purposes, I would like to offer some suggestions and comments to be considered by the authors:
1- The Glossary: The meanings of some Arabic / Malay words have to be corrected. Example: al-li’an (related to the oath taken by both parties), harta sepencarian ( subject to the discretion of the judge, either equally or quarterly), eddah and idda, fitrah and zakat fitrah, and also fasakh (page 265).
2- The hadith (page 47) which is quoted from Milner (2001) claimed that the Prophet said, ‘the prince is God, not I’ needs to be confirmed from authentic sources like Bukhari and Muslim as it is not known by many. If the authenticity of the ‘claimed hadith’ could not be found, it is suggested that this part to be deleted as it creates confusion to the readers and will be claimed as fake or mursal hadith.
3- Additional Malay reference: I suggest some additional books and articles in books written by Mahmud Zuhdi Abd Majid, Abdul Munir Yaacob, Mohamed Azam Mohamed Adil. Shad Salem Ahmad Faruqi, Ahmad Hidayat Buang, Raihana Abdullah, Zainul Rijal Abu Bakar and many others. to be added especially relating to the historical background and the current practice in Malaysia. The books are considered relevant to provide some extra values to the manuscript. Among others are:
4- Spelling: the different spelling of syariah needs to be clarified more, in what conditions it will be spelled as syariah, or sharia or shari’ah. Some other Malay words need to be corrected such as: Melayau Isam Beraja (page 34) should be , Majls (page 44) should be Majlis, Kedah Sheraiah Courts (page 61) should be Kedah Syariah Court, qual muktamad (page 130) should be qaul muktamad, ujirah (page 156) should be ujrah, baitumal (page 173/175) should be baitulmal, Jahore (page 173) or Johor, Daluk (page 209) should be Datuk, Pengambilihan (page 219) should be Pengambilalihan, Terrenganu (page 222) should be Terengganu, Makhamah (page 234) should be Mahkamah, Pegawi (page 253) should be Pegawai, sariah Courts (page 256) should be Syariah Courts, High Court (Malay) (page 256) should be High Court (Malaya), Kapajkan Islam (page 257) should be Kebajikan Islam, Syiarah Court (page 259) should be Syariah Court, Ahkam al-Adliyan (page 295) should be Ahkam al-Adliyah,
5- The paragraph quoted from Othman (page 93) that ‘ in prosecuting crimes, it is not necessary that both parties are Muslims. Many cases have been taken to court where only one of the parties is a Muslim, thus impeding the right of a non-Muslim to be free from the jurisdiction of Islamic laws’, is confusing which means the non-Muslim will also be charged for the crime. I would like to suggest for that statement to be examined further, because as far as I know, non-Muslims have never been charged in Syariah courts for khalwat.
6- Regarding the reform in codifying Islamic laws in Malaysia in 80s (page 95), we call as ‘taqnin’, I think the authors should include how the development in Turkey and other countries had influenced Malaysia, the codification of Majalle as discussed by and Raihanah Abdullah.
This book is very informative, proving the thorough research done by the authors. It will subsequently contribute to the literature and would be very useful for law students, researchers, lecturers and those who are interested to understand Islamic laws as practised in Malaysia and Brunei. I personally give my full support for this manuscript to be published.