The legal system in Malaysia and the position of Islam

Shuaib, Farid Sufian (2017) The legal system in Malaysia and the position of Islam. In: The Legal System in Malaysia and The Position of Islamic Law Conference, 2nd-3rd Oct. 2017, Isparta, Turkey. (Unpublished)

	PDF - Supplemental Material Restricted to Repository staff only Download (1MB) | Request a copy
	PDF - Supplemental Material Restricted to Repository staff only Download (80MB) | Request a copy

Abstract

The arrival of the British intervention in the territories now known as Malaysia did not replace the territorial law which is Islamic law and custom. However, through the office of the British Residency, legislation modelled after English law was enacted and British judges who were brought to preside the new court system brought with them English common law. This saw the indirect introduction of English law in Malaysia which causes the marginalisation of Islamic law and custom. The independence of Malaysia in 1957 provides an opportunity to articulate the position of Islam in the Malaysian legal system. The main vehicle of this articulation is the Federal Constitution which was enacted in 1957 simultaneously with the declaration of the independence of Malaysia. The Federal Constitution favours continuity of law and the legal system that exist before the independence. The Federal Constitution at the same time asserts the special position of Islam in the nation and the legal system. Among the implication of this constitutional approach is the continuity of the application of Islamic law in Malaysia and the existence of a plural court system. The talk seeks to elaborate on the above issues on the Malaysian legal system and the interplay with the position of Islamic law.

Item Type:	Conference or Workshop Item (Slide Presentation)
Additional Information:	1854/58888
Uncontrolled Keywords:	legal system, Malaysia, Islam
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP469 Influence of other legal systems on Islamic law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP50 History, development and application of 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 Civil Law
Depositing User:	Prof. Dr. Farid Sufian Shuaib
Date Deposited:	31 Oct 2017 09:49
Last Modified:	31 Oct 2017 09:49
URI:	http://irep.iium.edu.my/id/eprint/58888

Actions (login required)

View Item