The legal system in Malaysia and the position of Islam

The arrival of the British intervention in the territories now known as Malaysia did not replace the territorial law which is Islamic law and custom. However, through the office of the British Residency, legislation modelled after English law was enacted and British judges who were brought to presid...

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Main Author:	Shuaib, Farid Sufian
Format:	Conference or Workshop Item
Language:	English English
Published:	2017
Subjects:	K Law (General) KBP469 Influence of other legal systems on Islamic law KBP50 History, development and application of Islamic law KPG Malaysia
Online Access:	http://irep.iium.edu.my/58888/ http://irep.iium.edu.my/58888/ http://irep.iium.edu.my/58888/1/SDU_The%20Legal%20System%20of%20Malaysia_PowerPoint_IREP.pdf http://irep.iium.edu.my/58888/9/58888-The%20Legal%20System%20in%20Malaysia.pdf

id	iium-58888
recordtype	eprints
spelling	iium-588882017-10-31T01:49:30Z http://irep.iium.edu.my/58888/ The legal system in Malaysia and the position of Islam Shuaib, Farid Sufian K Law (General) KBP469 Influence of other legal systems on Islamic law KBP50 History, development and application of Islamic law KPG Malaysia The arrival of the British intervention in the territories now known as Malaysia did not replace the territorial law which is Islamic law and custom. However, through the office of the British Residency, legislation modelled after English law was enacted and British judges who were brought to preside the new court system brought with them English common law. This saw the indirect introduction of English law in Malaysia which causes the marginalisation of Islamic law and custom. The independence of Malaysia in 1957 provides an opportunity to articulate the position of Islam in the Malaysian legal system. The main vehicle of this articulation is the Federal Constitution which was enacted in 1957 simultaneously with the declaration of the independence of Malaysia. The Federal Constitution favours continuity of law and the legal system that exist before the independence. The Federal Constitution at the same time asserts the special position of Islam in the nation and the legal system. Among the implication of this constitutional approach is the continuity of the application of Islamic law in Malaysia and the existence of a plural court system. The talk seeks to elaborate on the above issues on the Malaysian legal system and the interplay with the position of Islamic law. 2017-10-03 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/58888/1/SDU_The%20Legal%20System%20of%20Malaysia_PowerPoint_IREP.pdf application/pdf en http://irep.iium.edu.my/58888/9/58888-The%20Legal%20System%20in%20Malaysia.pdf Shuaib, Farid Sufian (2017) The legal system in Malaysia and the position of Islam. In: The Legal System in Malaysia and The Position of Islamic Law Conference, 2nd-3rd Oct. 2017, Isparta, Turkey. (Unpublished) http://hukuk.sdu.edu.tr/tr/haber/the-legal-system-in-malaysia-and-the-position-of-islamic-law-conference-21037h.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KBP469 Influence of other legal systems on Islamic law KBP50 History, development and application of Islamic law KPG Malaysia
spellingShingle	K Law (General) KBP469 Influence of other legal systems on Islamic law KBP50 History, development and application of Islamic law KPG Malaysia Shuaib, Farid Sufian The legal system in Malaysia and the position of Islam
description	The arrival of the British intervention in the territories now known as Malaysia did not replace the territorial law which is Islamic law and custom. However, through the office of the British Residency, legislation modelled after English law was enacted and British judges who were brought to preside the new court system brought with them English common law. This saw the indirect introduction of English law in Malaysia which causes the marginalisation of Islamic law and custom. The independence of Malaysia in 1957 provides an opportunity to articulate the position of Islam in the Malaysian legal system. The main vehicle of this articulation is the Federal Constitution which was enacted in 1957 simultaneously with the declaration of the independence of Malaysia. The Federal Constitution favours continuity of law and the legal system that exist before the independence. The Federal Constitution at the same time asserts the special position of Islam in the nation and the legal system. Among the implication of this constitutional approach is the continuity of the application of Islamic law in Malaysia and the existence of a plural court system. The talk seeks to elaborate on the above issues on the Malaysian legal system and the interplay with the position of Islamic law.
format	Conference or Workshop Item
author	Shuaib, Farid Sufian
author_facet	Shuaib, Farid Sufian
author_sort	Shuaib, Farid Sufian
title	The legal system in Malaysia and the position of Islam
title_short	The legal system in Malaysia and the position of Islam
title_full	The legal system in Malaysia and the position of Islam
title_fullStr	The legal system in Malaysia and the position of Islam
title_full_unstemmed	The legal system in Malaysia and the position of Islam
title_sort	legal system in malaysia and the position of islam
publishDate	2017
url	http://irep.iium.edu.my/58888/ http://irep.iium.edu.my/58888/ http://irep.iium.edu.my/58888/1/SDU_The%20Legal%20System%20of%20Malaysia_PowerPoint_IREP.pdf http://irep.iium.edu.my/58888/9/58888-The%20Legal%20System%20in%20Malaysia.pdf
first_indexed	2023-09-18T21:23:20Z
last_indexed	2023-09-18T21:23:20Z
_version_	1777412028145598464

The legal system in Malaysia and the position of Islam

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