Islamic Law in Malaysia: The Challenges of Implementation

ISBN-13: 9789813361898 / Angielski / Miękka / 2022

Trakic, Adnan

Opis

This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. 
Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. 
Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws. 

Spis treści

 

Notes on Contributors

Foreword

Preface

1    Challenges in the Implementation of Islamic Law in Malaysia

      ADNAN TRAKIC AND HANIFAH HAYDAR ALI TAJUDDIN 

2   British Administration of Malay Peninsula and Its Impact on the Status of Islamic Law

     ASHGAR ALI ALI MOHAMED AND MUHAMAD HASSAN AHMAD 

3    The Status of Islam and Islamic Law in the Malaysian Federal Constitution

 ASHGAR ALI ALI MOHAMED AND MUHAMAD HASSAN AHMAD 

4    Islamic Criminal Law

HANIFAH HAYDAR ALI TAJUDDIN AND NASSIMAH BT HUSSIN 

5    Islamic Family Law

      JAZILAH MOHD SAAD AND ADNAN TRAKIC

6     Islamic Inheritance Law

       HANIFAH HAYDAR ALI TAJUDDIN AND SALEHAN BIN YATIM

7     Islamic Commercial Law

       NOOR SUHAIDA KASRI

8     Islamic Evidence Law

       HANIFAH HAYDAR ALI TAJUDDIN AND MOHD NADZRI ABD RAHMAN

9     Transforming and Globalising the Syariah Judiciary System of Malaysia

      HANIFAH HAYDAR ALI TAJUDDIN

10   Implementation of Islamic Law in Malaysia: The Way Forward

      ADNAN TRAKIC AND HANIFAH HAYDAR ALI TAJUDDIN

 List of Statutes and Regulations

List of Cases

Bibliography

O autorze

Adnan Trakic is a Senior Lecturer in Law at the School of Business, Monash University Malaysia. His research interests cut across law, religion, and dispute resolution. Adnan has published numerous articles, book chapters and monographs. 

 

Hanifah Haydar Ali Tajuddin is a Senior Assistant Director of the Policy and Research Division of the Syariah Judiciary Department of Malaysia. She has handled cases in the Syariah prosecution unit of the Federal Territories of Malaysia. Her research interest is in comparative criminal law and criminal justice, particularly the practice of restorative justice. 

 

Blurb

This book examines the challenges of the implementation of Islamic law in Malaysia. There are three main reasons that make Malaysia an interesting jurisdiction to explore. 

 

Firstly, Malaysia is often referred to as a model Islamic country. Islamic law is the law of the land (a source of law) in Malaysia. The Islamic law legal system in Malaysia operates in parallel with the common law legal system. The two systems of law seem to be in harmony with one another to a large extent. However, occasional cross-jurisdictional issues do arise and when they do, the Malaysian judiciary has been quite efficient in solving those issues. The Malaysian experience in maintaining the harmony between the two legal systems is certainly worth studying. 

Secondly, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on Shafi’s school of thought. While for the most part, the implementation has been smooth, there have been times when the implementation has caused a public outcry and raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. 

 

Thirdly, there have been a few cases where Islamic law implementation in Malaysia has gained global attention. This book examines specific case studies in Malaysia. The insights into these cases will be provided by scholars who have the necessary competence and expertise in Islamic law and its implementation in Malaysia. This book provides direction for other countries that operate a dual system of secular and Islamic laws.