Kerstin Steiner

This book investigates the development of Islam in the Philippines from a legal perspective, investigating Islam through the lens of the institutions of Islamic law. Drawing on original fieldwork, including in Mindanao, this comprehensive book covers a wide range of topics, including Islamic leadership and authority (mufti, darul ifta, and fatawa); Islamic judges and dispute resolution in Islamic courts, and alternative forms of dispute resolution; legislative codification of Islamic law especially in private law (marriage and divorce); Islamic banking and finance; and madrasahs and Islamic education. The book also offers a comprehensive, detailed, and timely socio-legal analysis of controversies relating to Islam and the long-running conflict in the Southern Philippines as Moro communities struggle with the challenges of transition to the long-awaited Bangsamoro Autonomous Region of Muslim Mindanao. This is contextualised against the wider history and politics of the southern Philippines, from pre-colonial times to 2024. The authors offer a detailed and nuanced analysis based on primary documents, as well as an account of the existing literature in the field. The book greatly enhances understandings of the social, political, and historical context of current developments in Islam in the Philippines. It will be of interest to researchers studying Islam and the administration of Islamic law, Malay Muslim communities in Southeast Asia, and the history and politics of the Philippines.

Malaysia and Brunei both apply a complex hybrid body of positive law to their Malay Muslim majorities. This volume traces the development of a unique 'Anglo-Malay madhhab' in these states, initially by colonial and latterly by successor states. In Malaysia and Brunei, shari'ah has been filtered through Anglo-common law state institutions, creating a hybrid 'Anglo-Muslim' mixture of legal doctrines. This system of jurisprudence makes only very limited reference to the classical shari'ah but draws heavily on the secular English common law and its legal traditions, procedures and principles. In post-colonial times, this system has not been accepted without resistance and this volume considers the impact of colonial and successor states on the development of legal institutions and systems of Malaysia and Brunei.