ABSTRACT

By charting the evolution of 'Islamic' sexual injunctions in Malaysia, this chapter shows how 'Syariah' standards have risen to become influential over matters of sexual morality and gender identity. The chapter argues that, rather than ascribing this change to singular causes like the Islamic political party Parti Islam Se-Malaysia (PAS) or its conservative ulama faction, it is more helpful to see it as a product of larger and intersecting historical and political imperatives, in which the state has been a driving force. It begins with a survey of 'Islamic' sexual prohibitions during the precolonial and colonial periods, and contrasts this with the changes introduced through the enactment of Syariah Criminal Offences (SCO) legislation in the mid 1980s. The chapter critiques the role of federal government in elevating 'Syariah' by examining a body under the Prime Minister's Department known as the Technical Committee on Syariah and Civil Laws, and the challenges it encounters trying to standardize SCO laws across the country.