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This chapter explores how judicial mechanisms employed by apex courts have migrated across South Asia and Southeast Asia, using India, Pakistan, and Malaysia as examples. The chapter focuses on two case studies – Pakistan and Malaysia – to examine how judicial mechanisms, like the basic structure doctrine articulated by the Indian Supreme Court, have been strategically adapted by courts in Pakistan and Malaysia to strengthen their institutional power. This chapter considers the use of judicial rhetoric and constitutional comparativism in crafting opinions of popular salience by examining the distinct ways in which these Asian courts have engaged with foreign and comparative case law.
This chapter introduces an unexpected analogy between marriage and anthropology, both being encounters with difference that have transformative capacities – themes that are returned to throughout the book. Research on marriage in Penang recalls the author’s earlier fieldwork on kinship and domestic relations on the island of Langkawi in Malaysia in the 1980s. The chapter reflects on the author’s decades-long anthropological engagement with Malaysia and traces some of the major changes that have occurred there. It considers the very different contexts of research – rural and urban – over these years and the concomitants of a long-term anthropological commitment.
This fresh and engaging book opens up new terrain in the exploration of marriage and kinship. While anthropologists and sociologists have often interpreted marriage, and kinship more broadly, in conservative terms, Carsten highlights their transformative possibilities. The book argues that marriage is a close encounter with difference on the most intimate scale, carrying the seeds of social transformation alongside the trappings of conformity. Grounded in rich ethnography and the author's many decades of familiarity with Malaysia, it asks a central question: what does marriage do, and how? Exploring the implications of the everyday imaginative labour of marriage for kinship relations and wider politics, this work offers an important and highly original contribution to anthropology, family and kinship studies, sociology and Southeast Asian studies.
During the 1960s, the Malaysian prime minister, Tunku Abdul Rahman, struggled to establish the ‘Muslim Commonwealth’, an organization of Muslim-dominated sovereign states. This international programme for Muslim unity was particularly significant because it offered an opportunity for an unexpected player from outside the Islamic heartlands of the Middle East and South Asia to seize the leadership of the global religious community. This article recovers the project’s genealogy, objectives, and reception. In the global context of decolonization and the Cold War, the Tunku looked to the British-led Commonwealth of Nations to model this pan-Islamic institution in an attempt to promote cooperation, development, and peace among Muslims. He deployed a range of idioms to broaden the appeal of the Muslim Commonwealth, drawing from different intellectual genealogies and from an international circuit of ideas prevalent during decolonization. The eventual failure of the Tunku’s project exposes the hierarchies and rivalries in South–South relations during the decade and reveals how Malaysian-led pan-Islamism remained bound to the post-colonial condition of the nation-state.
This article investigates Berita Filem, one of the key Malay film magazines published in the 1960s, through the lens of minor fame: a form of temporary, localized celebrity status granted to aspiring actors, beauty pageant contestants, and other participants in the magazine’s interactive features. It charts some of the ways in which Berita Filem constructed fandom as a participatory endeavour, and how that participation was tied to ideas of modernity and Muslim belonging. Fan magazines were instructive in circulating images of stars, as well as forging a sense of collective culture for moviegoers before the advent of social media. While the last decade has witnessed a proliferation of historiographies centred on fan magazines and their content, both visual and textual, such studies remain largely limited to the Global North. In aiming to close this gap, this article examines three of Berita Filem’s regular columns, which took distinctive formats. ‘Our autograph column’ (Ruangan autograph kita) modelled itself after school yearbook pages, ‘Queen of Berita Filem’ (Ratu Berita Filem) was a beauty pageant, and ‘From heart to heart with Latifah Omar’ (Dari hati ke hati oleh Latifah Omar) was an advice column written by a movie star. At the core of this investigation is the question of historical readership at a time when Malaysia was a newly independent and rapidly changing nation.
This article discusses how the United Nations Food and Agriculture Organisation (FAO) shaped notions of rural life, rural community, and social reform in the context of South and Southeast Asian decolonisation. Building on scholarship analysing rural development either in term of continuities from the colonial era or as the result of specific circumstances after the Second World War, the argument here is that we can understand approaches to rural welfare after 1945 as the historical intersection of three factors: the rural specificities of decolonisation related to violence and mass displacement; FAO seeking relevance and legitimacy in the post-war order; and urban and rural elites objectifying rural life as a cornerstone of post-imperial nation-building. Empirically, the article analyses two (former) British colonies that experienced two different forms of decolonisation: territorial partition and imperial warfare. It relates these modes of decolonisation to the early formations of FAO’s rural expertise and argues that decolonisation was a structuring event for both local rural policy-making and the evolving international (rural) development agenda.
In Malaysia, three ethnic groups identify as “Indigenous Peoples”: the heterogeneous Peninsular Malaysia Orang Asli, natives of Sabah, and natives of Sarawak. Malaysia’s hybrid legal system confers differing constitutional, statutory, and common law rights and privileges to Indigenous Peoples, which present distinct yet shared experiences of their land rights. These Indigenous groups were granted differing levels of constitutional privileges during Malaysia’s constitutional formation, which resulted in divergent written laws for the protection and recognition of their customary lands and resources. These differing laws and histories have functioned to dispossess these communities of their traditional lands, territories, and resources in their own ways. The strategy of litigation has afforded Indigenous communities some recourse for gaps in the written law but common law development of such rights and the court process have equally proven to be a barrier in some cases. Although international commitments to the sustainable management of resources have increased possibilities for the inclusion of Indigenous communities in matters concerning their lands and resources, constitutionally-entrenched legal privileges have yet to translate to the effective protection and recognition of traditional Indigenous lands and resources in Malaysia.
This chapter discusses the overrepresentation of Malaysian Indians convicted of drug trafficking under section 39B of the Dangerous Drugs Act 1980 on death row. Using Eric Mitnick’s group-differentiated rights theory (1999, 2000, and 2006), it is argued that Malaysian Indians convicted of drug trafficking fall into two ‘non-rights bearer’ groups: first, as members of the Malaysian Indian ethnic minority from the lower social class who have been disregarded by the 1970 socioeconomic policy and 1990 national development policy; and second, as drug couriers who have been denied fair trial rights in the Malaysian criminal justice system. As ‘non-rights bearers,’ they have suffered from disadvantages meted out by various national laws and policies, and have been victims of neglect due to the politics of race in Malaysia and the war on drugs in Southeast Asia.
This study marks the first update on Malaysia’s marine tardigrades after more than 50 years, presenting both the discovery of a new species, Batillipes malaysianussp. nov., and a new record, Batillipes rotundiculus. The specimens were collected from the intertidal zone at Pantai Pancur Hitam, Labuan, Malaysia, during two separate sampling efforts. Despite extensive sampling, the density of marine tardigrades in the area was found to be exceptionally low, with only a single specimen of B. malaysianussp. nov. and a limited number of other Batillipes individuals collected. The new species, B. malaysianussp. nov., is distinguished by unique morphological features, including setae scattered across the ventral cuticle – a trait not observed in any other species of the genus – and constricted primary clavae, a characteristic absent in other species of the B1 toe arrangement group. Additionally, B. rotundiculus represents the first confirmed record of this species in Malaysia, expanding its known distribution. This study also updates the global species count of Batillipes to 42, incorporating recent taxonomic changes and this new addition. An updated dichotomous key for the genus is provided, incorporating all species described to date. These findings underscore the importance of exploring understudied marine habitats and highlight the potential for discovering more tardigrade species in Malaysia.
In this compelling work, Sascha Auerbach offers a bold new historical interpretation of late-stage slavery, its long-term legacies, and its entanglement with the development of the modern state. In the wake of abolition, from the Caribbean to southern Africa to Southeast Asia, a fusion of government authority and private industry replaced the iron chains of slavery with equally powerful fetters of law and regulation. This 'overseer-state' helped move, often through deceptive and coercive methods, millions of Indian and Chinese indentured laborers across Britain's imperial possessions. With a perspective that ranges from Parliament to the plantation, the book brings to light the fascinating and terrifying history of the world's first truly global labor system, those who struggled under its heavy yoke, and the bitter legacies left in its wake.
The chapter begins with a review of the historical and current socio-political context for sexual minority and gender diverse (SMGD) individuals living in Malaysia, followed by relevant research on the associations between minority stress and well-being. A particular focus is devoted to presenting data collected as part of the SMGD-MN study. The chapter concludes with recommendations for future psychological research with SMGD communities in Malaysia.
This chapter explores the status of freedom of thought in Malaysia. It begins with a consideration of certain definitional issues surrounding freedom of thought and it provides a brief overview of the Malaysian legal system. As there is no explicit right to freedom of thought in Malaysia, this chapter considers the limited utility of international human rights treaties in protecting freedom of thought within the Malaysian context and the inherent difficulties in using qualified constitutional provisions on freedom of religion and freedom of expression to safeguard the absolute right to freedom of thought. It also considers the impact of various restrictive legislation upon the right to freedom of thought. The chapter concludes with the pessimistic view that freedom of thought is insufficiently protected within the Malaysian jurisdiction.
This chapter aims to discuss the presence and implications of using English Medium Instruction (EMI) in two contexts of the Global South; namely, Malaysia, a member of the Association of Southeast Asian Nations (ASEAN), and Brazil in Latin America. In both countries language policy and planning are complex. EMI has been adopted following a recent trend towards the internationalization of the higher education system where English has also become the main language for research and publication. The dominance of Western scientific paradigms, the promotion of English as the language of education, and the dissemination of knowledge through English have led to a neglect of knowledge produced in languages other than English. Furthermore, the adoption of a single language threatens the role of other languages in higher education. This chapter examines this trend in face of the need to protect the national language as well as other languages to guarantee an ecology of knowledges and languages in higher education.
This chapter studies the way language policies are interpreted, with particular reference to the concepts of scale and recontextualisation. The focus of the chapter is on the relationship between policy meaning and power, with the main argument being that different layers of power are what drives the way language policies are interpreted in different contexts. This is illustrated with a discussion of the Common European Framework of Reference for Languages (CEFR), a policy text which has seen worldwide uptake. I examine how the document is ‘read’ in different contexts, considering the local and global layers of power that lurk beneath these readings.
This chapter explores the role of the monarch in facilitating political transition and in the constitutional governance of contemporary Malaysia. It sets the historical context for Malay kingship and its eventual form as a constitutional monarchy after Malaysia’s independence from British colonial rule. It then tells the story of the role played by the King – the Yang di-Pertuan Agong – during the country’s political transitions in 2018 and 2020. Following royal interventions between 2018 and 2021, the monarchy has emerged as a key actor in the formation and functioning of Malaysia's government. The chapter concludes with observations on some features of monarchy in Malaysia and the region and raises broader questions about the role of non-electoral institutions in safeguarding against incumbent capture or accelerating democratic erosion.
Indonesia has long been the country of origin for millions of migrant workers. Indonesian men and women have left their homes in search of work to provide a better life for themselves and their families. Most migrant workers are in semi-skilled or unskilled positions in fields such as agriculture, construction, manufacturing, and domestic work, which are mostly low-wage and difficult jobs. There are large numbers of Indonesians in Asia, such as in Malaysia, Singapore, Taiwan, and Hong Kong, and in wealthy countries in the Persian Gulf, such as Saudi Arabia, Kuwait, and the United Arab Emirates. Migrant workers leave Indonesia both through official, legal channels, as well as through illegal, unofficial channels. These workers are often referred to as “irregular” migrants. Migrants are often treated poorly and are found in dangerous, undesirable jobs. The Indonesian government is increasingly compelled to try and address abuses of their citizens. The Indonesian government is highly attuned to the treatment of its citizens abroad and has embarked on many measures to try and improve their safety overseas. Ultimately, the government has seen some successes at protecting compatriots, but continues to face significant challenges in doing so for a larger number of their workers overseas.
Panulirus stimpsoni is restricted to southern China, Vietnam, and Japan but has been rarely reported in tropical Gulf of Thailand. In Malaysia, only six species were previously reported. This study (1) reports the seventh Malaysian species – a new record of P. stimpsoni with morphological and genetic data; (2) establishes a checklist of Malaysian Panulirus species. Surveys from 2021 to 2022 sampled lobsters across Malaysia by SCUBA or from fishermen. Seven species were identified and a modified key of Malaysian species was constructed. The COI gene was used for genetic identification and phylogenetic tree reconstruction with maximum likelihood (ML). The best model was GTR + I + G. The ML tree comprised Clades I and II with sequences clustering by species and strong support. Most Peninsular Malaysian lobsters were P. polyphagus while P. versicolor dominated Sabah. Information on P. stimpsoni's full fishery potential, distribution, ecology, and biology is limited. Further research is needed to ensure conservation and management as data are only available for six previously reported species. Further studies are required to discover sustainable use approaches for all Panulirus species, particularly P. stimpsoni, given limited ecological understanding.
Despite significant advancements in the development of psychotropic medications, increasing adherence rates remain a challenge in the treatment and management of psychiatric disorders. The purpose of this study is to qualitatively explore the challenges underlying medication adherence and strategies to improve it among adolescents with psychiatric disorders in Malaysia. This qualitative research design presents results from 17 semi-structured interviews with adolescent psychiatric patients, aged 11 to 19 years old, from public hospitals across Peninsular Malaysia. The data collected from interviews were transcribed and processed through thematic analysis using the NVivo 11 software. A total of three main themes concerning medication adherence were identified: (1) challenges; (2) coping strategies and (3) protective factors. In this study, thirteen subthemes emerge as challenges underlying medication adherence experienced by adolescent psychiatric patients. The coping strategies identified in this study fall under three broad subthemes which are problem-focused strategies, emotion-focused strategies and maladaptive strategies. This study also highlights social support and positive medicinal effects as protective factors for non-adherence issues in adolescent psychiatric patients. In conclusion, this study supports the notion that adherence is a multi-factorial phenomenon. This study can inform future development of interventions and targeted health promotion programmes in enhancing adherence.
This chapter revisits the efforts mostly spearheaded by ASEAN to bring the Third Indochina War to an end. As ASEAN is the sum of its parts, the chapter describes the perspectives of the various ASEAN member states as well as how they arrived at a collective decision.
This article investigates the developments of hawker discourse and movements across the Malay(si)an peninsula in the first decade of independence. Looking at news coverage and municipal records, it examines the contingent, gendered, and egalitarian qualities of hawking as labour which led to its adoption by people experiencing hardship, and influenced the ways in which municipal authorities and the public discussed hawkers. In effect, hawkers, long significant to the historical and cultural systems of Malayan trade, were recharacterized as vulnerable subjects at the urban margins. The article then explores how local administrations understood and regulated hawkers through categories of location, race, and food, shaping the politics and governance of hawkers in public spaces. To engage with such governance, hawkers formed associations that protested against injustice and established dialogue with municipal and town councils, impelling authorities to consider a more significant inclusion of hawking in street planning. Throughout the period, the potential and limits of hawker inclusion in post-colonial public spaces became subject to significant debate between municipal authorities, political representatives, and hawkers. As local administrations eventually deepened their commitment to support hawkers, they also expanded their regulation, signifying a cautious imperative to legitimate hawkers and influencing the logic of post-independence planned spaces.