Harmonisations of Shari'ah and Civil Law: progress and achievements

Mohd, Azizah and Abas, Afridah and Nasrul, Muhammad Amrullah and Mohd Zin, Najibah and Hussin, Nasimah and Md Hashim, Noraini and Ibrahim, Norliah and Che Soh @ Yusoff, Roslina and Abdul Manaf, Zati Ilham, eds. (2024) Harmonisations of Shari'ah and Civil Law: progress and achievements. Centris, IIUM, Jalan Gombak, Kuala Lumpur, pp. 1-488.

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Abstract

The harmonisation of Shari’ah and Civil law is not a recent development, especially in Malaysia. This concept has not been newly introduced but has rather evolved informally alongside the enactment and development of laws. The reason is that both Shari’ah and Civil law share the same spirit and objective i.e., the establishment of justice. Shari’ah in its divine nature and system, has existed for a long time and has been practised and applied throughout the decades and phases of legal development over different cultures and civilisations. In alignment with cultural development and civilisation, the Civil laws were enacted across various countries, where many principles and legal contents to a certain extent are similar to the Shari’ah in many areas and legal aspects. The discussion in this book exhibits a clear example of those similarities. Recognising the critical importance of harmonising Shari’ah and Civil law in Malaysia’s diverse, multi-racial society, this book has been developed to showcase the progress and achievements of the ideas of harmonisation of Shari’ah and Civil law since May 2002, and to serve as a raison d’etre of the establishment of Ahmad Ibrahim Kulliyyah of Laws. In 2023, IIUM and AIKOL are celebrating their 40th anniversary, commemorating four decades since their establishment in 1983. This book is the second publication of chapters by the Harmonisation of Shari’ah and Law Unit (HSLU) at AIKOL, IIUM, following its first publication in 2023. The book compiles conference papers that were presented at the ICHSL, held from 1st to 2nd August 2023. The conference was co-organised by the Harmonisation of Shari’ah and Law Unit (HSLU), Ahmad Ibrahim Kulliyyah of Laws, and the Attorney General's Chambers of Malaysia. All the papers underwent a double-blind review process, requiring the authors to comply with the reviewers' suggestions before they were accepted for presentation and publication. The book is organised into eight parts and contains a total of 20 chapters, each focusing primarily on the following conference sub-themes:- 1. Maqasid Al-Shari’ah as a Guiding Tool for Harmonisation; 2. Harmonisation of Family Law; 3. Harmonisation of Shari’ah and Civil law; 4. Harmonisation of Criminal Law and Tort; 5. Harmonisation of Shari’ah and International Law/ Conventions; 6. Harmonisation of the Law of Contract and Other Areas of Law; 7. Codification of Islamic law in Civil Courts and Harmonisation of One Area of Law to Another; and 8. Harmonisation in Islamic Finance.

Item Type:	Book
Uncontrolled Keywords:	Harmonisation of Laws, Shari'ah, Civil Law, Progress, Achievements.
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Azizah Mohd
Date Deposited:	26 Dec 2024 09:20
Last Modified:	26 Dec 2024 09:22
URI:	http://irep.iium.edu.my/id/eprint/116919

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