Navigating the Conflict between Cultural Practices and Human Rights: A Legal Assessment of the Malaysian Framework

Abstract

This paper analyses the complex conflict between cultural practice and universal human rights in the Malaysian pluralistic legal system. Marked by the co-existence of civil and Syariah law, the Malaysian system is often faced with jurisdictional uncertainties that affect the rights of vulnerable populations, namely, women and children (Hua, 2016; Noor and Lee, 2023). The study examines the ways in which the principle of cultural relativism tends to override the general norms of human rights through a qualitative analysis of the constitution using a doctrinal analysis of constitutional provisions, in this case Article 121(1A) and landmark judicial rulings. The discussion penetrates controversial topics like child marriage and jurisdictional questions in interfaith marriages. The results indicate that, despite legal pluralism's embrace of diversity, it is often associated with loopholes in rights protection when not interpreted in context. The paper suggests adopting inclusive constitutionalism and the broader use of maqāṣid al-shariah as avenues to reconcile religious jurisprudence with international human rights principles, and, finally, legislative changes as a means to protect core liberties.