Mohamad Yunus, Mohamad Ismail (2023) Conceptualizing legal harmonization approach In Malaysia. FIAT JUSTISIA: Jurnal Ilmu Hukum, 17 (1). pp. 45-74. ISSN 1978-5186 E-ISSN 2477-6238
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Abstract
Legal harmonization is a fundamental notion of comparative law that has been on the international and national agendas for the last decade. Harmonization, which derives from the word “harmony,” has a variety of meanings, one of which, in the perspective of the discussion of this topic, is the readiness and the openness to recognize, acknowledge, adopt, or accept anything produced, practiced by or originating from man-made laws, modern secular traditions, customs and usages, cultures, societies, systems or institutions which is considered to be in “harmony” with or not opposed to the worldview, principles, values, teachings, and norms of Islam. Thus, the conceptualizing approach of harmonization of legal knowledge and education is a process of actualizing the divine imperatives in the legal arena. In Malaysia, several endeavors have sought the similarity between legal rules from different jurisdictions; however, their achievements remain contested since there is no comprehensive understanding of the nature and extent of harmonization. Thus, this article examines different facets of harmonization by considering it a legal phenomenon instead of a distinct process of drafting similar rules. Adopting a comprehensive understanding of harmonization as a legal phenomenon may help better assess the strengths of the implementation processes and formulate adequate new legal endeavors.
| Item Type: | Article (Journal) |
|---|---|
| Uncontrolled Keywords: | Harmonization, Shariah Law, Modern Secular Law, Conceptualization |
| Subjects: | BPK Islamic law. Shari'ah. Fiqh BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh K Law > K Law (General) K Law > K559 Comparative Law K Law > KBP Islamic Law K Law > KPG Malaysia |
| 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: | 03 Apr 2024 09:24 |
| Last Modified: | 03 Apr 2024 09:24 |
| URI: | http://irep.iium.edu.my/id/eprint/111707 |
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