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...
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iium-403932015-04-08T06:47:26Z http://irep.iium.edu.my/40393/ The judiciary and the bar (Syariah System) Ali Mohamed, Ashgar Ali Ali Tajuddin, Hanifah Haydar K Law (General) 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 The Malaysian Current Law Journal Sdn Bhd 2014 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/40393/1/40393.pdf Ali Mohamed, Ashgar Ali and Ali Tajuddin, Hanifah Haydar (2014) The judiciary and the bar (Syariah System). In: Malaysian Legal System. The Malaysian Current Law Journal Sdn Bhd, Ampang, pp. 705-748. ISBN 978-967-0748-71-9 |
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International Islamic University Malaysia |
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Online Access |
language |
English |
topic |
K Law (General) |
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K Law (General) Ali Mohamed, Ashgar Ali Ali Tajuddin, Hanifah Haydar The judiciary and the bar (Syariah System) |
description |
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 |
format |
Book Chapter |
author |
Ali Mohamed, Ashgar Ali Ali Tajuddin, Hanifah Haydar |
author_facet |
Ali Mohamed, Ashgar Ali Ali Tajuddin, Hanifah Haydar |
author_sort |
Ali Mohamed, Ashgar Ali |
title |
The judiciary and the bar (Syariah System) |
title_short |
The judiciary and the bar (Syariah System) |
title_full |
The judiciary and the bar (Syariah System) |
title_fullStr |
The judiciary and the bar (Syariah System) |
title_full_unstemmed |
The judiciary and the bar (Syariah System) |
title_sort |
judiciary and the bar (syariah system) |
publisher |
The Malaysian Current Law Journal Sdn Bhd |
publishDate |
2014 |
url |
http://irep.iium.edu.my/40393/ http://irep.iium.edu.my/40393/1/40393.pdf |
first_indexed |
2023-09-18T20:57:57Z |
last_indexed |
2023-09-18T20:57:57Z |
_version_ |
1777410430807834624 |