Legal framework for the safeguarding of intangible cultural heritage in Malaysia: with special reference to makyung and wayang kulit / Nurulhuda Adabiah Mustafa

Intangible cultural heritage plays a key role in Malaysian social standing and contributes to the economic growth and preservation of identity. Due to the lack of literature on the legal aspects of intangible cultural heritage in Malaysia and specifically on Makyung and Wayang Kulit, this study fills the gap. Using primarily library-based approach and interviews, it is found that the performance of Makyung and Wayang Kulit concerns the matter of Islamic belief and are accused to be against the principles of Islam. The special position of Islam and the legislative power given to the Kelantan State Legislative Assembly led to the introduction of the Kelantan Control Entertainment and Places on Entertainment Enactment of 1998 and the 2003 Entertainment and Places of Entertainment Guidelines, which restraint the practice of Makyung and Wayang Kulit in Malaysia. This study extended the analysis on the National Heritage Act 2005 [Act 645] and concluded that the statute lacked the detailed framework for safeguarding intangible cultural heritage. The wide statutory powers of the Minister and the Commissioner necessitate the need for clearer selection criteria for the posts. Non comprehensive definition of intangible cultural heritage led to the issue of the revitalisation of Makyung and Wayang Kulit, the administration and management of intangible cultural heritage within the Malaysian federalism system, financial concerns and promotion of intangible cultural heritage, particularly on Makyung and Wayang Kulit. Using the comparative method where benchmarking with Japan, Korea, China, Vietnam, Laos and Latvia, the study proposes that there must be a harmonisation of federal laws and the Kelantan state laws where the Kelantan State laws should include a legal framework on the safeguarding of intangible cultural heritage. It is suggested that there should be statutory provisions on direct participation from the local authorities, other agencies at state levels, including the district and land offices, religious authorities and the people as the living heritage, custodians and activists. All suggestions made are with the intention to better safeguard the intangible cultural heritage in Malaysia, with special reference to Makyung and Wayang Kulit with the full acknowledgement of the teachings of Islam and the position of Islam as the religion of the Federation, human rights and the right to livelihood of the multi-racial and multi religions of the people.