Islamic law
Islamic law or ‘Syariah’ is a system of law and ethics based on the divine will of Allah (SWT) that was revealed to the Prophet Muhammad (SAW) over a period of 23 years beginning 610 AD. The Syariah is thus divinely inspired, intimately linked to religious tenets, encompassing in broad p...
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| Format: | Book Chapter |
| Language: | English |
| Published: |
Malaysian Current Law Journal
2014
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| Online Access: | http://irep.iium.edu.my/40390/ http://irep.iium.edu.my/40390/1/40390.pdf |
| Summary: | Islamic law or ‘Syariah’ is a system of law and
ethics based on the divine will of Allah (SWT)
that was revealed to the Prophet Muhammad
(SAW) over a period of 23 years beginning 610
AD. The Syariah is thus divinely inspired,
intimately linked to religious tenets, encompassing
in broad principles the whole sphere of human
life, and provides the basic moral and legal
framework on a wide range of transactions. As
noted earlier, during the era of European colonial
powers in the Malay Peninsula, Islamic law was
implemented gradually. However, due to the
colonisation of the Straits Settlements and the
establishment of British administrations in the
Malay States, the relevancy of Islamic law were
gradually limited to certain personal matters
affecting the Muslims. Hence, this chapter
discusses the status and position of Islamic law
before and during the British administrations of
the Malay Peninsula. Apart from the above, the
status and position of Islamic law in the Federal
Constitution, the supreme law of the Federation,
is also covered in this chapter. Further, the chapter
also covered the Syariah court’s jurisdiction. The
recognition of the Syariah courts was largely due
to art. 121(1A) of the Federal Constitution which
excludes the jurisdiction of the civil courts in
respect of any matter that comes within thejurisdiction of the Syariah courts. It must be added that the Syariah court’s jurisdiction is only over persons professing the religion of Islam and further, only in respect of any of the matters enumerated in list II of the State List of the Ninth
Schedule to the Federal Constitution. |
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