MAHKAMAH SYARIAH DI MALAYSIA MENELUSURI CABARAN MELESTARI HADAPAN

• Other Authors: Mohamed Azam Mohamed Adil (Editor), Ahmad Hidayat Buang (Editor), Ahmad Badri Abdullah (Editor)
• Format: Book
• Language: Malay
• Published: Shah Alam, Selangor Penerbit UiTM 2020; ©2020
• Subjects: Islamic courts > Malaysia; Islamic law > Malaysia; Government publications > Malaysia
• Online Access: Click Here to View Status and Holdings.

 Looking at the history of Malaysia, the implementation of Islamic law is not a foreign thing. It has long been practiced in this country. When the British colonialists came to Malaya, Islamic law began to be sidelined from the main legal radar and replaced by English law. The British colonialists not only left a small scope for Islamic law which relatively only covered matters when Malaya achieved independence on 31 August 1957, this dual legal system remained. The limited and inferior jurisdiction of Islamic law, except in banking, Islamic finance and takaful as well as probate is awarded to the high court (superior). However, these two courts should run often according to the given jurisdiction. Demands for the comprehensive implementation of Islamic law on Muslims as well as calls to strengthen the institutions and jurisdictions related to the Syariah Court are often discussed. This book explores the debate on issues related to Syariah Courts from the aspects of strengthening credibility, jurisdiction, conflict of jurisdiction between Syariah courts and Civil Courts, human rights, Syariah criminal offenses, Syariah law, family, tranquility, property acquired during and after a divorce or death executed in Malaysia. Nevertheless, there is a need for a harmonized approach to civil and Islamic law and to prioritize the implementation of Islamic law as well as to strengthen the institution and jurisdiction of the Syariah Court in Malaysia.