The first caveat to note is that this is not an encyclopaedic analysis of Malaysian scholarship on crime but a succinct and focused monograph. Nevertheless, adopting a chronological approach, the text does chart some of the ways in which research on crime and victimisation in Malaysia has developed whilst highlighting key tensions, conflicts and solutions to contemporary crime and criminal justice issues being addressed in the country. Second, the text has engaged principally with studies published in English rather than the Malay, Chinese, Indian, Arabic or indigenous languages. This is a shortcoming but one which has been addressed in part by collaboration with some Malaysia-based scholars who have provided translated versions of key texts for this monograph. Third, the case studies utilise a socio-legal methodology in terms of a combination of secondary data analysis, case analysis and primary ethnographic observations. The ethnographic elements are drawn from field visits to formal locations in Malaysia including a youth rehabilitation centre and principal Shariah court in Kuala Lumpur. However, it would be misrepresentative to overstate the depth of ethnography here whilst an ethical commitment to grant my academic collaborators in Malaysia anonymity prevents the detailed discussion of the frequency, locations and timings of the visits. This is an unorthodox, uncomfortable but necessary decision given the evidence of the academic censorship experienced by some academics in Malaysia (Human Rights Watch 2017; Amnesty International 2018).
The text is presented in six main chapters, following on from this introduction. Chapter 2 provides an overview of the history and development of the contemporary criminal justice system in Malaysia. This history is essential for making sense of the origins of legal pluralism in Malaysia as well as the impact of colonial penal and criminal codes and institutions upon post-colonial contexts. The chapter also explains the development of the Islamic legal system, State regulation of religion and departures from classical Islamic jurisprudence in Malaysia. It is argued that the contemporary nature of Islamic institutions in Malaysia is reflective of a philosophical commitment to Hobbism or authoritarianism. The text demonstrates the impact of such Hobbism upon the often arbitrary nature of formal decision-making in the nation, particularly amongst religious institutions and their interpretation of classical Islamic jurisprudence.
Chapter 3 provides a critique of core ‘criminological’ studies in Malaysia adopting a chronological approach. The first observation to note is that many of the studies discussed do not originate from scholars who would necessarily define themselves as ‘criminologists’. Rather, the topic and subject matter of their enquiries has significance for the study, analysis, explanation and theorising about crime, deviance and criminal justice in the region. Therefore, it is frequently the case that contributions about crime and victimisation come from socio-legal scholars, research on economics, the built environment, psychology, politics and theology.
Whilst being unable to offer an encyclopaedic contribution, the chapter does attempt to constructively distil the chief qualities, values, challenges and contradictions presented in the scholarship. It is argued that some uniquely Malaysian studies, such as those which engage with indigenous communities and feminist scholarship, offer a meaningful pathway for the discipline to grow. The chapter also illustrates the significant variation in quality and methodology adopted by Malaysian scholars. Whilst this reflects in part the diverse disciplinary background of contributors, it is arguably also illustrative of a lack of a unifying national academic criminological society or associations. As discussed in Chap. 4, some may view the absence of such an association as a positive feature given the accusation of its often neglectful or stifling impact on theory-building and innovation in the Global North.
Chapter 4 seeks to provide contemporary Malaysian criminology within a meaningful theoretical lens. Key theoretical traditions through which Malaysian crime and deviance can and have been construed are explored. The relevance of a comparative criminological lens, drawing upon Asian Criminology and the Global South and North, is critically discussed. Furthermore, the history of colonialism and migration in the region coupled with contemporary ethno-nationalism make the Critical Race Theory (CRT) perspective a natural paradigm through which to explore crime and deviance in Malaysia. The chapter discusses the merits and limitations of CRT and its related concept of Intersectionality which is particularly suited to exploring racial categorisation, formal processes and marginalisation. The chapter also includes discussion of the emerging field of Green Criminology with its focus upon environmental crimes. The latter is discussed as a particularly pertinent critical theoretical field with regard to the geographical context of Malaysia and environmental harms experienced across the region. The chapter invites engagement with Critical Realism, Ultra-Realism and the more recent evolution of Islamic Critical Realism, as a prudent theoretical framework for new scholarship on religion, crime and deviance in Malaysia. As with Chap. 3, this section does not seek to provide an exhaustive list of theoretical approaches to crime problems in the region. Rather, it provides a focus upon core intellectual paradigms which are useful for guiding current and prospective criminological research in the nation. As explained in this chapter, the sum effect of engagement with the theoretical traditions discussed will enable scholars to conceive and actualise what has been termed in this text as a Composite (Komposit) Critical Malaysian Criminology.
Chapters 5, 6, and 7 each engages with distinct critical case studies which highlight core tensions, conflicts and solutions to pressing contemporary issues of crime, criminal justice and human rights in Malaysia. The choice of case studies is reflective of a number of rationales. First, engagement with the issue of apostasy reflects existing collaboration and academic output with Malaysian-based scholars. Apostasy
and the treatment of persons wishing to convert out of Islam has produced extensive national and international scholarship. The case study focuses upon attempts in the state of Negeri Sembilan to legally interpret and regulate the process, highlighting the tensions between Federal and state jurisdictions and significant shortcomings in the specific Islamic jurisprudential interpretation and formal intervention by officials.
Chapter 5 is centred upon the ‘crime’ of apostasy
and the ways in which one state in Malaysia has sought to accommodate, interpret and sometimes restrict religious affinity and freedom of conscience. Chapter 6 examines the detention of Muslims in Islamic Rehabilitation Centres. The case study questions the soundness of the legal framework whilst warning that the severity of the punishment undermines fundamental and desired goals of rehabilitation. Chapter 7 explores Malaysia’s controversial use of the death penalty, a legacy from colonial periods, which has placed Malaysia clearly outside the frame of most criminal justice systems internationally, even those which have retained the death penalty such as in some jurisdictions in the United States.
The concluding section seeks to draw together the key arguments and contribution presented by this monograph whilst providing informed speculation about the likely direction and areas Malaysian criminology may take in the next decade or so. Given the multi-disciplinary nature of criminology, and the diverse academic interest within Malaysia, the text should appeal to a wide range of scholars interested in the exploration of crime, deviance, victimology and social harm.
References
- Amnesty International. (2018). Malaysia Report 2017/2018. Retrieved October 25, 2019, from www.http://amnesty.org./en/countries/asia-and-the-pacific/Malaysia/report-malaysia/.
- Human Rights Watch. (2017). World Report: Malaysia 2017. Retrieved October 25, 2019, from www.hrw.org/world-report/2018/country-chapters/malaysia.