The Position of Islamic Lawin Malaysia Essay

PHASE FOUR: THE POSITION OF ISLAMIC LAW IN MALAYSIA

four. 1

Advantages It has been argued, that if perhaps colonisation was not responsible for the

introduction and application of The english language law, Islamic law could have developed to become the law from the land. Islamic law, along with the normal law with the various contests, indeed signify the native sources or basic base upon which the eventual regarding a legal program could have been founded. 1 However , the give of the Charters of Proper rights 1826 for the Straits Funds, and the final application of English law both through the contencioso process and through legal guidelines in the Malay States acquired effectively out of place Islamic law from its most recognized position. The role which Islamic legislation now takes on in the product is extremely limited. Under the Federal Constitution, Islamic law can be described as matter slipping within the State List, that is certainly, it is a subject over which the state of hawaii Legislature features jurisdiction, but not the Government Legislature. two In this regard, things over which the state of hawaii Legislatures had been permitted to generate laws have been completely stated to be: " Islamic law and personal and relatives law of persons professing the religion of Islam, including the Islamic law in relation to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, dividers and non-charitable trusts; Wakafs and the definition and dangerous charitable and religious cartouche, the scheduled appointment of trustees and the incorporation of individuals in respect of Islamic religious and charitable endowments, institutions, trust, charities and charitable corporations operating totally within the Point out; Malays customs; Zakat, Fitrah and Baitulmal or related Islamic spiritual revenue; mosques or any Islamic public locations of praise, …"

one particular 2

See Shaik Abdul Latif & Ors. versus. Shaik Elias Bux (1915) 1 FMSLR 204, 214. Federal Cosmetic, Article seventy four, Ninth Timetable.

With regards to offences, or Islamic criminal law, the Federal government Constitution procedes provide that the State Legislature may make regulations for the: " … creation and punishment of offences simply by persons professing the religion of Islam against precepts of that religion, except in regards to matters included in the Federal List; …" three or more Likewise, the State Legislature offers jurisdiction over: " … the constitution, organisation and procedure of Syariah Tennis courts which shall have legal system only over persons professing the religious beliefs of Islam and in esteem only of any of the concerns included in this passage, but will not have legislation in respect of accidents except in so far as conferred simply by federal legislation, …" 5 While it can be true which the practice of Islamic law differed among the various Malay states as a result of varied impacts of personalized, British intervention in the affairs of the Malay state experienced the effect of formalising the way in which in which Islamic law was administered. Islamic law was left to get administered by respective states, with the Sultans proclaimed since ‘Head' of Islamic faith in every state, this provides rise for the lack of order, regularity in the operations of Islamic law in Malaysia, whereas the consistent application of The english language law over the land was guaranteed. 5 The legislativo power of the Federation exists in several courts constituted beneath Article 121. Clause (1) of that Document mentions two High Legal courts of co-ordinate jurisdiction and status, that is certainly, one in the states of Malaya known as the High Court in Malaya, and one in the states of Sabah and Sarawak known as the Excessive Court in Sabah and Sarawak, together with such substandard courts while may be provided by federal rules. Clause (1A) states the court known in clause (1) shall have no legal system in respect of any matter inside the jurisdiction of the Syariah Tennis courts. The 3 4

Ibid. Ibid. 5 Sharifah Suhana Ahmad, Malaysian legal system, Malayan Law Record, Kuala Lumpur, 1999, pp. 108-109.

a result of Article 121 (1A) continues to be...



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