Delineating Legal Boundaries: Exclusive and Cooperative Boundaries in the Plural Legal System of Malaysia

This article examines the evolving nature of legal boundaries within Malaysia's plural legal system, focusing on how civil and Islamic jurisdictions are differentiated and coordinated in practice. It contrasts two distinct models of legal boundary-making: contested and exclusive boundaries in personal law – particularly in cases involving unilateral child conversion – and the more cooperative, integrated approach seen in Islamic banking and finance. Through close analysis of case law and institutional arrangements, the article demonstrates how legal pluralism in Malaysia is not static but shaped by judicial interpretation, political contestation, and legislative reform. In personal law, jurisdictional ambiguity has produced inconsistent outcomes and legal uncertainty, often disadvantaging non-Muslim litigants. Conversely, Islamic finance has developed a more coherent framework, with civil courts working alongside Islamic authorities to ensure both legal enforceability and religious compliance. The article argues that legal boundaries in Malaysia are sites of negotiation over identity, authority, and justice, and concludes that a sustainable legal framework requires clarity and protection of fundamental rights across legal systems.

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Publication Details

Journal
Journal of Current Southeast Asian Affairs
Published
2026-07-27
DOI
https://doi.org/10.1177/18681034261472916
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Delineating Legal Boundaries: Exclusive and Cooperative Boundaries in the Plural Legal System of Malaysia

Kerstin Steiner
Journal of Current Southeast Asian Affairs
Islamic Finance and Banking Studies
article

Delineating Legal Boundaries: Exclusive and Cooperative Boundaries in the Plural Legal System of Malaysia

Kerstin Steiner
article en

Abstract

This article examines the evolving nature of legal boundaries within Malaysia's plural legal system, focusing on how civil and Islamic jurisdictions are differentiated and coordinated in practice. It contrasts two distinct models of legal boundary-making: contested and exclusive boundaries in personal law – particularly in cases involving unilateral child conversion – and the more cooperative, integrated approach seen in Islamic banking and finance. Through close analysis of case law and institutional arrangements, the article demonstrates how legal pluralism in Malaysia is not static but shaped by judicial interpretation, political contestation, and legislative reform. In personal law, jurisdictional ambiguity has produced inconsistent outcomes and legal uncertainty, often disadvantaging non-Muslim litigants. Conversely, Islamic finance has developed a more coherent framework, with civil courts working alongside Islamic authorities to ensure both legal enforceability and religious compliance. The article argues that legal boundaries in Malaysia are sites of negotiation over identity, authority, and justice, and concludes that a sustainable legal framework requires clarity and protection of fundamental rights across legal systems.

Journal of Current Southeast Asian Affairs
La Trobe University (AU)
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
Islamic Finance and Banking Studies
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Delineating Legal Boundaries: Exclusive and Cooperative Boundaries in the Plural Legal System of Malaysia — Kerstin Steiner · Journal of Current Southeast Asian Affairs (2026) | TGRS Research Map | TGRS