MAHKAMAH SYARIAH DI MALAYSIA MENELUSURI CABARAN MELESTARI HADAPAN

• Main Author: Mohamed Azam Mohamed Adil (Author, Editor)
• Other Authors: Ahmad Hidayat Buang (Editor), Ahmad Badri Abdullah (Editor)
• Format: Book
• Language: Malay
• Published: Shah Alam, Selangor Penerbit UiTM Press 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 English colonists came to Malaya, Islamic law began to be set aside from the main radar legislation and replaced with English law. British colonialists not only leave little scope for Islamic law covers only a relatively affairs when Malaya achieved independence on August 31, 1957, a dual legal system remains. 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 jurisprudence, family, tranquility, current acquired property and after 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.