Islamic law in Malaysia : the challenges of implementation / Adnan Trakic, Hanifah Haydar Ali Tajuddin, editors.

Format:

Book

Contributor:

Hanifah Haydar Ali Tajuddin, editor.

Trakic, Adnan, editor.

Language:

English

Subjects (All):

Islamic law--Malaysia.

Islamic law.

Physical Description:

1 online resource (xiii, 151 pages) : illustrations

Place of Publication:

Gateway East, Singapore : Springer, [2021]

Language Note:

In English.

Summary:

This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari'ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari'ah court system that interprets and applies Islamic law predominantly based on the Shafi'i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.

Contents:

Intro

Foreword

Preface

Contents

Contributors

Chapter 1: Challenges in the Implementation of Islamic Law in Malaysia

Introduction

Key Objectives and Research Approach

Structure and Framework

Conclusion

References

Chapter 2: British Administration of Malay Peninsula and Its Impact on the Status of Islamic Law

Status of Islamic Law Before the Foreign Occupation of Malay Peninsula

Status of Islamic Law After the Foreign Occupation of Malay Peninsula

Chapter 3: The Status of Islam and Islamic Law in the Malaysian Federal Constitution

Islam in the Federal Constitution

Islamic Law in the Federal Constitution

Chapter 4: Islamic Criminal Law

Overview of the Implementation of Islamic Criminal Law

Islamic Criminal Law in the Malay Sultanate

British Colonisation and Independence of Malaysia

The Islamic Criminal Jurisdiction

Phase I - After Independence

Phase II - After 1980

Current Practice

Use of Islamic Criminal Law to Combat Moral Issues

The Relevance of Punishing Islamic Criminal Offenders

Alternative Punishments under Islamic Criminal Law

Issuance of Bond of Good Behaviour

Community Service Order (CSO)

Power to Admonish

Possible Rehabilitative Programs

Contentious Issues in Implementing Islamic Criminal Law

Chapter 5: Islamic Family Law

Underage Marriage

Application to Marry for Man or Woman Under the Age of 18 - The Case of Selangor

Muslim Child Marriage Applications by State

Maintenance

Maintenance Rate

Maintenance Order

Responsibilities of Beneficiaries

Enforcement and Execution of Maintenance Order

Polygamy

Dissolution of Marriage

Arbitration by Hakam

Conclusion.

References

Chapter 6: Islamic Inheritance Law

Principles of Islamic Inheritance

Administration of Islamic Inheritance

The Civil High Court

The Estate Distribution Unit

Amanah Raya Berhad

Jurisdiction of Shari'ah Court in Inheritance Cases

Analysis of Decided Cases

Challenges Faced by the Shari'ah Courts when Deciding Inheritance Matters

Standardising the Handling of Inheritance Matters by the Shari'ah Courts

Chapter 7: Islamic Commercial Law

Shari'ah Governance and Compliance of Islamic Banks

Shari'ah Advisory Council of Bank Negara Malaysia

Shari'ah Committee

Implementation Issues and Challenges

The Legitimacy of the Shari'ah Advisory Council

The Causes and Implications of Shari'ah Non-compliance

Litigating Shar'iah Non-Compliance

Judicial Mindset Towards SNC Claims

Ta'widh (Compensation) Amount

Bona Fide Customer

The peculiarity of Islamic Financing Arrangement

Inefficient Internal Processes

Wakaf and Zakat: Implementation Issues and Challenges

Jurisdiction and Dispute Resolution

Development and Management of Wakaf and Zakat

Collection and Distribution of Zakat

Chapter 8: Islamic Evidence Law

Overview of the Development of Islamic Evidence Law for Shari'ah Courts

The Shari'ah Court Evidence Law

The Framework of the Shari'ah Court Evidence Law

Legal Maxims in Islamic Evidence Law

Burden of Proof (The Mejelle, Article 76)

Matters Are Determined According to Intentions (The Mejelle, Article 2)

The Concept of Bayyinah in Islamic Evidence Law

Iqrar

Shahaadah

Yamin

Qarinah

Kitabah

Ra'y al-Khabir

Usage of Advanced Forms of Evidence in Shari'ah Court

Electronic and Digital Document.

Evidence Using DNA (Deoxyribonucleic Acid) and Fiqh Forensic

Chapter 9: Transforming and Globalising the Shari'ah Judiciary System of Malaysia

Shari'ah Judiciary Department of Malaysia (JKSM)

Transforming the Shari'ah Judicial System

Coordination of Appellate Process in the Shari'ah Courts

Protection of Women and Children

Improvement of Physical Infrastructures

Innovations and Improvements of Electronic Infrastructures

E-Tray and I-Post

E-Siap

MySolve System

Two-Easy

E-Fos

The Islamic Law and Jurisdiction

Expanding of Jurisdiction of the Shari'ah Court

Globalising the Shari'ah Judiciary System

Enforcement of Shari'ah Court Order Across Borders

International Training of Shari'ah Judges and Officers

The Way Forward

Chapter 10: Implementation of Islamic Law in Malaysia: The Way Forward

The Position of Islamic Law Under the Malaysian Legal System

Key Findings from the Thematic Chapters

Islamic Criminal Law

Islamic Family Law

Islamic Inheritance Law

Islamic Commercial Law

Islamic Evidence Law

The Department of Shari'ah Judiciary of Malaysia (JKSM)

Analysis and Future Developments

Key Questions

Future Developments

List of Statutes and Regulations

List of Cases

Bibliography.

Notes:

Description based on print version record.

ISBN:

981-336-187-5

OCLC:

1247673279