Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia

Upon its Independence the Federation Malaya 1957 which later become the Federation of Malaysia in 1963 the country inherited British legacy in most aspects of law, constitution, administration and political system. Before been colonized through direct and indirect means the Malay States or the Malay...

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Main Author:	Mokhtar, Khairil Azmin
Format:	Conference or Workshop Item
Language:	English English
Published:	2015
Subjects:	JQ Political institutions Asia K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/43847/ http://irep.iium.edu.my/43847/1/Islamic_Criminal_Law_in_a_Democractic_Country.pdf http://irep.iium.edu.my/43847/6/43847.pdf

id	iium-43847
recordtype	eprints
spelling	iium-438472016-11-10T01:56:36Z http://irep.iium.edu.my/43847/ Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia Mokhtar, Khairil Azmin JQ Political institutions Asia K Law (General) KBP Islamic Law Upon its Independence the Federation Malaya 1957 which later become the Federation of Malaysia in 1963 the country inherited British legacy in most aspects of law, constitution, administration and political system. Before been colonized through direct and indirect means the Malay States or the Malay Muslim Sultanates had their own traditional polity and laws based on Islam. The teachings of Islam have been assimilated in the Malay culture, tradition and custom for centuries. The colonial authority, namely the British, gradually replaced Islamic law and judges as well as traditional rulers and local form of administration with western administration and administrators who then used English law and legal system. In effect, local Islamic law and administration of justice been replaced with foreign colonial law and justice system. After the Independence, citizenship was granted to the Chinese and Indian immigrants which constitute significant minority of the population of the newly independent country. This causes a great change of demography changing a homogenous society to multiracial and multi-religious society. Currently there are two sets of courts in Malaysia, the Civil Court and the Syariah Court. Numerous factors must be considered in the effort if enforcing Islamic criminal law in a country today, such as politic, social, legal, economy, human rights and others. There are various challenges need to be overcome in the effort of implementing Islamic criminal law in Malaysia. This paper seeks to focus its attention to the legal and constitutional issues and challenges in the effort to implement Islamic criminal law in Malaysia. The experience in Malaysia may provide some insight and basis of comparison for other countries in seeking similar objectives. 2015-04 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/43847/1/Islamic_Criminal_Law_in_a_Democractic_Country.pdf application/pdf en http://irep.iium.edu.my/43847/6/43847.pdf Mokhtar, Khairil Azmin (2015) Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia. In: Islamic Criminal Law Conference 2015, 30 April - 3 May 2015, Antalya Turkey. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	JQ Political institutions Asia K Law (General) KBP Islamic Law
spellingShingle	JQ Political institutions Asia K Law (General) KBP Islamic Law Mokhtar, Khairil Azmin Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia
description	Upon its Independence the Federation Malaya 1957 which later become the Federation of Malaysia in 1963 the country inherited British legacy in most aspects of law, constitution, administration and political system. Before been colonized through direct and indirect means the Malay States or the Malay Muslim Sultanates had their own traditional polity and laws based on Islam. The teachings of Islam have been assimilated in the Malay culture, tradition and custom for centuries. The colonial authority, namely the British, gradually replaced Islamic law and judges as well as traditional rulers and local form of administration with western administration and administrators who then used English law and legal system. In effect, local Islamic law and administration of justice been replaced with foreign colonial law and justice system. After the Independence, citizenship was granted to the Chinese and Indian immigrants which constitute significant minority of the population of the newly independent country. This causes a great change of demography changing a homogenous society to multiracial and multi-religious society. Currently there are two sets of courts in Malaysia, the Civil Court and the Syariah Court. Numerous factors must be considered in the effort if enforcing Islamic criminal law in a country today, such as politic, social, legal, economy, human rights and others. There are various challenges need to be overcome in the effort of implementing Islamic criminal law in Malaysia. This paper seeks to focus its attention to the legal and constitutional issues and challenges in the effort to implement Islamic criminal law in Malaysia. The experience in Malaysia may provide some insight and basis of comparison for other countries in seeking similar objectives.
format	Conference or Workshop Item
author	Mokhtar, Khairil Azmin
author_facet	Mokhtar, Khairil Azmin
author_sort	Mokhtar, Khairil Azmin
title	Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia
title_short	Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia
title_full	Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia
title_fullStr	Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia
title_full_unstemmed	Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia
title_sort	implementation of islamic criminal law (syariah offences) in a modern democratic federal country: the legal and constitutional issues and challenges in malaysia
publishDate	2015
url	http://irep.iium.edu.my/43847/ http://irep.iium.edu.my/43847/1/Islamic_Criminal_Law_in_a_Democractic_Country.pdf http://irep.iium.edu.my/43847/6/43847.pdf
first_indexed	2023-09-18T21:02:25Z
last_indexed	2023-09-18T21:02:25Z
_version_	1777410712277090304

Implementation of Islamic Criminal Law (Syariah Offences) in a modern democratic federal country: the legal and constitutional issues and challenges in Malaysia

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