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Restatement on the origin and basis of the Malaysian legal system

Shuaib, Farid Sufian (2013) Restatement on the origin and basis of the Malaysian legal system. In: International Conference on Law and Society (ICLAS), 15-18 Feb 2013, Yogyakarta, Indonesia.

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The Federal Constitution is the basic document that provides the legal framework of Malaysia. In understanding Syariah courts, it is pertinent to examine the constitutional position of the courts. There is evidence of confusion in case law and scholarship writings regarding the issue for instance where some writers describing the Syariah courts as subordinate to civil courts. It is the proposition of this paper that such an examination will show that Syariah courts are parallel to civil courts. The constitutional position of Syariah courts is examined by referring to the Federal Constitution and case law and a doctrinal analysis of those materials is undertaken. The study on Syariah courts' position is essential to have a clear understanding its constitutional status and to facilitate any further study on possible improvement to the structure of Syariah courts.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 1859/33822
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Depositing User: Prof. Dr. Farid Sufian Shuaib
Date Deposited: 06 Jan 2014 15:13
Last Modified: 06 Jan 2014 15:13
URI: http://irep.iium.edu.my/id/eprint/33822

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