Integrated research between modern secular Penal Law and Shariah in crimes (al-Jinaie al-Islami)

Mohd Yunus, Mohamad Ismail (2022) Integrated research between modern secular Penal Law and Shariah in crimes (al-Jinaie al-Islami). Journal of Islamic Law Review, 18 (1). pp. 19-47. ISSN 0973-2918

PDF (Journal) - Published Version Download (989kB)

Abstract

Integrated research is about achieving holistic understanding of complex sociallegal issues and problems. It is driven by the need to improve under- standing about certain issues and to improve resources management by using the results of integrated research processes. Thus, the objective, importance and significance of this paper will focus on the study of integrated legal systems between Islamic law and modern secular law in the codification of law of crimes (Penal Law). In brief, Islamic law (Al-Shariah) is defined as the laws of Islam in any recognized madhhab or school of laws. Therefore, Islamic law is the basis of all the legislation and the courts have the duty of interpreting and applying the Islamic law. In doing so courts will refer to the primary sources of the Islamic law, that is the Holy Quran and the Sunnah and the subsidiary sources that is legislation, the views of the jurists, the decision of the courts and the legal opinions of the jurists. Islamic law was revealed gradually more than one thousand and four hundred years ago and consists of a complete system of life that is compatible for human being of all ages. The revelation from Allah (God) and the teachings of the Prophet Muhammad, peace be upon him (pbuh) are not only confined to the belief moral systems, but also include laws that are suitable to be implemented by mankind. The Penal Code of Malaysia is modeled under the Indian Penal Code (Act XLV of 1860), which was drafted by the Indian Law Commission. The British connection with Malaysia began through trading ventures, which was entirely non-political, and it so continued until 1684 through its East India Company from which date until 1762, it was a mixed political and commercial connection.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Islamic Law, Modern Secular Law, Criminal Law, Islamic Criminal Law, Comparative Study
Subjects:	BPK Islamic law. Shari'ah. Fiqh BPL Islamic education K Law > K5000 Criminal Law K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	16 Apr 2024 08:37
Last Modified:	16 Apr 2024 08:48
URI:	http://irep.iium.edu.my/id/eprint/111706

Actions (login required)

View Item