The Islamic Legal System in Malaysia

THE ISLAMIC LEGAL SYSTEM IN MALAYSIA Farid S. Shuaib† Abstract: This term describes the historical evolution and the current structure of the Islamic judicial system in Malaysia. The structure of the modern Malaysian affirm has its roots in the regions colonial history. By the end of the nineteenth century the territory that comprises contemporary Malaysia had been subjected to British colonial imprimatur. The British did not, however, rule the region as a single colonial unit. In the directly ruled colonies closely matters were governed by English common faithfulness, and objet dart Islamic philosophy governed family law, it was applied by colonial courts that were staffed by British or British-trained judges. In the colonies subject to indirect rule an English phratry physician exercised authority over matters of British interest while Malay sultans retained their hereditary titles, and local courts exercised the sultans authority in matters of Malay adat (cust om) and Islam. When the state of Malaysia was created in 1957, the government schematic a federal structure that reflected the pluralistic colonial system. Malaysia is before long comprised of 13 states and three federal territories. down the stairs the constitution, most areas of intent are governed by a equivalent body of federal law applied by a system of case courts.

However, the constitution grants the states the magnate to apply a version of Islamic law on certain topics enumerated in the constitution, and to create Shari?a courts to adjudicate disputes involving Muslims relating to matters of Islamic law. The subjects included at heart the states legis! lative power include, in addition to personal law and matters related to ghostlike practice, offenses deemed to be against the precepts of Islam. All of the states have exercised the powers granted by the constitution to legislate on matters related to Islam, and either state has accomplished Shari?a courts to adjudicate disputes based on Islamic legislation. A constitutional amendment...If you want to get a full essay, severalize it on our website: OrderCustomPaper.com

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