Constitutional restatement of parallel jurisdiction between civil courts and Syariah courts in Malaysia: Twenty years on (1988-2008)
INTRODUCTION The Federal Constitution of Malaysia has restated under art 121(1A) that the Syariah courts — as the courts that administer Islamic law — have exclusive jurisdiction over matters under their jurisdiction. The premise of the restatement is to give effect to a pluralistic law and cour...
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| Format: | Article |
| Language: | English |
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LexisNexis Malaysia Sdn Bhd
2008
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| Online Access: | http://irep.iium.edu.my/4413/ http://irep.iium.edu.my/4413/ http://irep.iium.edu.my/4413/1/Art_Farid_ConstitutionalRestatement_SyariahCt_MLJ08.pdf |
| Summary: | INTRODUCTION
The Federal Constitution of Malaysia has restated under art 121(1A) that
the Syariah courts — as the courts that administer Islamic law — have
exclusive jurisdiction over matters under their jurisdiction. The premise
of the restatement is to give effect to a pluralistic law and court system
as it existed in Malaysia. Unfortunately this simple premise gave rise to
debates of human rights, secularism and the status of Islam in Malaysia.
These questions reflect legitimate concerns over the state of legal
pluralism in Malaysia. On one hand, it is the legitimate expectation of
Muslims to be governed by their own laws. On the other hand, where
the interests of Muslims and non-Muslims are apparently in conflict,
state mandated legal pluralism gives rise to questions about nature of
the state and human rights protection. Thus, it is pertinent for these
concerns to be addressed and a middle path to be laid. |
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