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Islamic Law in Malaysia: The Challenges of Implementation

Editat de Adnan Trakic, Hanifah Haydar Ali Tajuddin
en Limba Engleză Paperback – 7 apr 2022
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. 


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Specificații

ISBN-13: 9789813361898
ISBN-10: 9813361891
Pagini: 151
Ilustrații: XIII, 151 p. 4 illus., 3 illus. in color.
Dimensiuni: 155 x 235 mm
Greutate: 0.32 kg
Ediția:1st ed. 2021
Editura: Springer Nature Singapore
Colecția Springer
Locul publicării:Singapore, Singapore

Cuprins

 
Notes on Contributors
Foreword
Preface
1    Challenges in the Implementation of Islamic Law in Malaysia
      ADNAN TRAKIC AND HANIFAH HAYDAR ALI TAJUDDIN 
2   British Administration of Malay Peninsula and Its Impact on the Status of Islamic Law
     ASHGAR ALI ALI MOHAMED AND MUHAMAD HASSAN AHMAD 
3    The Status of Islam and Islamic Law in the Malaysian Federal Constitution
 ASHGAR ALI ALI MOHAMED AND MUHAMAD HASSAN AHMAD 
4    Islamic Criminal Law
HANIFAH HAYDAR ALI TAJUDDIN AND NASSIMAH BT HUSSIN 
5    Islamic Family Law
      JAZILAH MOHD SAAD AND ADNAN TRAKIC
6     Islamic Inheritance Law
       HANIFAH HAYDAR ALI TAJUDDIN AND SALEHAN BIN YATIM
7     Islamic Commercial Law
       NOOR SUHAIDA KASRI8     Islamic Evidence Law

       HANIFAH HAYDAR ALI TAJUDDIN AND MOHD NADZRI ABD RAHMAN
9     Transforming and Globalising the Syariah Judiciary System of Malaysia
      HANIFAH HAYDAR ALI TAJUDDIN
10   Implementation of Islamic Law in Malaysia: The Way Forward
      ADNAN TRAKIC AND HANIFAH HAYDAR ALI TAJUDDIN
 List of Statutes and Regulations
List of Cases
Bibliography

Notă biografică


Adnan Trakic is a Senior Lecturer in Law at the School of Business, Monash University Malaysia. His research interests cut across law, religion, and dispute resolution. Adnan has published numerous articles, book chapters and monographs. 
 
Hanifah Haydar Ali Tajuddin is a Senior Assistant Director of the Policy and Research Division of the Syariah Judiciary Department of Malaysia. She has handled cases in the Syariah prosecution unit of the Federal Territories of Malaysia. Her research interest is in comparative criminal law and criminal justice, particularly the practice of restorative justice. 
 

Textul de pe ultima copertă

This book examines the challenges of the implementation of Islamic law in Malaysia. There are three main reasons that make Malaysia an interesting jurisdiction to explore. 
 
Firstly, Malaysia is often referred to as a model Islamic country. Islamic law is the law of the land (a source of law) in Malaysia. The Islamic law legal system in Malaysia operates in parallel with the common law legal system. The two systems of law seem to be in harmony with one another to a large extent. However, occasional cross-jurisdictional issues do arise and when they do, the Malaysian judiciary has been quite efficient in solving those issues. The Malaysian experience in maintaining the harmony between the two legal systems is certainly worth studying. 

Secondly, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on Shafi’s school of thought. While for the most part, the implementation has been smooth, there have been times when the implementation has caused a public outcry and raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. 
 
Thirdly, there have been a few cases where Islamic law implementation in Malaysia has gained global attention. This book examines specific case studies in Malaysia. The insights into these cases will be provided by scholars who have the necessary competence and expertise in Islamic law and its implementation in Malaysia. This book provides direction for other countries that operate a dual system of secular and Islamic laws. 

Caracteristici

Provides readers with a clear and expansive understanding of Islamic law in Malaysia
Identifies the problems of the implementation of Islamic law in Malaysia from a legal as well as socio-cultural framework
Introduces improved legal systems by way of harmonized Islamic law and common law with suggested conditions