The judiciary and the bar (Syariah System)
A person entrusted with the administration and enforcement of Syariah must be competent according to the criteria laid down by Allah (SWT) Justice may only be realised through competent and just judges, accurate proof and strong evidence. Allah (SWT) commands that the parties who are involved in...
| Main Authors: | , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
The Malaysian Current Law Journal Sdn Bhd
2014
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/40393/ http://irep.iium.edu.my/40393/1/40393.pdf |
| Summary: | A person entrusted with the administration and enforcement of Syariah must be competent according to the criteria laid down by Allah (SWT) Justice may only be realised through competent and just judges, accurate proof and strong
evidence. Allah (SWT) commands that the parties
who are involved in a dispute, to act honestly
while giving evidence in order to secure or deny a
claim. Such persons must consider themselves as
witnesses on behalf of Allah (SWT) and His
Messenger (SAW) because Islam requires the
parties to render justice to those who are entitled
to it. There may be instances where the lawyer’s
eloquence of argument and speech may influence
the adjudicator’s findings in favour of their client
but nevertheless justice and righteousness is not
on his side. In such a situation, the lawyer had
only managed to do evil; what he had won is
nothing more than sin, falsehood and hell fire.
Hence, this chapter discusses the Syariah judicial,
powers of the Chief Syariah Prosecutor, the
admission and qualification of Peguam Syarie
(Syarie lawyer) and issue of legal representation
of a non-Muslim in the Syariah Courts, among
others |
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