Islam, nation-state and the legal system of 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 presid...

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Main Author:	Shuaib, Farid Sufian
Format:	Article
Language:	English
Published:	Suleyman Demirel University 2017
Subjects:	J General legislative and executive papers JQ715 Politics and Government in Malaysia K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/60973/ http://irep.iium.edu.my/60973/ http://irep.iium.edu.my/60973/1/Art_Farid_IslamNationStateMLS_SDU_2017.pdf

id	iium-60973
recordtype	eprints
spelling	iium-609732018-01-04T04:32:13Z http://irep.iium.edu.my/60973/ Islam, nation-state and the legal system of Malaysia Shuaib, Farid Sufian J General legislative and executive papers JQ715 Politics and Government in Malaysia K Law (General) KBP Islamic Law 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 article seeks to elaborate on the above issues on the Malaysian legal system and the interplay with the position of Islamic law. Suleyman Demirel University 2017-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/60973/1/Art_Farid_IslamNationStateMLS_SDU_2017.pdf Shuaib, Farid Sufian (2017) Islam, nation-state and the legal system of Malaysia. Suleyman Demirel University Faculty of Law Review, 7 (1). pp. 75-90. ISSN 2146-7129 http://hukuk.sdu.edu.tr/tr/dergi.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	J General legislative and executive papers JQ715 Politics and Government in Malaysia K Law (General) KBP Islamic Law
spellingShingle	J General legislative and executive papers JQ715 Politics and Government in Malaysia K Law (General) KBP Islamic Law Shuaib, Farid Sufian Islam, nation-state and the legal system of Malaysia
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 article seeks to elaborate on the above issues on the Malaysian legal system and the interplay with the position of Islamic law.
format	Article
author	Shuaib, Farid Sufian
author_facet	Shuaib, Farid Sufian
author_sort	Shuaib, Farid Sufian
title	Islam, nation-state and the legal system of Malaysia
title_short	Islam, nation-state and the legal system of Malaysia
title_full	Islam, nation-state and the legal system of Malaysia
title_fullStr	Islam, nation-state and the legal system of Malaysia
title_full_unstemmed	Islam, nation-state and the legal system of Malaysia
title_sort	islam, nation-state and the legal system of malaysia
publisher	Suleyman Demirel University
publishDate	2017
url	http://irep.iium.edu.my/60973/ http://irep.iium.edu.my/60973/ http://irep.iium.edu.my/60973/1/Art_Farid_IslamNationStateMLS_SDU_2017.pdf
first_indexed	2023-09-18T21:26:27Z
last_indexed	2023-09-18T21:26:27Z
_version_	1777412223731236864

Islam, nation-state and the legal system of Malaysia

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