A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia

Mokhtar, Khairil Azmin (2009) A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia. In: Proceedings of the Seminar on research Findings 2008. IIUM Press, Kuala Lumpur, pp. 53-61. ISBN 9789833855780

Preview

PDF (A constitutional perspective on the legal effect of International Laws and treaties on Syariah in Malaysia) - Published Version Download (540kB) | Preview

Abstract

The International Human Rights Treaties that have been ratified by Malaysia are not prejudicial to the Syariah and Islamic Religious legislations made by Federal legislature and State legislature. International instruments cited by some quarters to be the basis for declaring Syariah and its legislations void due to their 'inconsistency' or 'in conflict' with international law on human rights are not binding on the Malaysian court and on executive and legislative bodies in the country. International law cannot override the Federal Constitution, which is the supreme law of the land. International laws and international treatise and conventions must be adopted as long as they are not in conflict with the Syariah as well as religious values and norms of other religion practiced in Malaysia. This is in line with the Rukun Negara which states that 'Belief in God' as one of the pillars of the nation. The view has been recognized by the Malaysian court in a recently decided case.

Item Type:	Book Chapter
Additional Information:	1650/6618
Uncontrolled Keywords:	Treaties, International Human Rights, International Law, Syariah, Malaysia
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Sakinah Kamaludin
Date Deposited:	01 Nov 2011 13:08
Last Modified:	13 Jan 2015 18:14
URI:	http://irep.iium.edu.my/id/eprint/6618

Actions (login required)

View Item