Islamic Law in Malaysia : The Challenges of Implementation / edited by Adnan Trakic, Hanifah Haydar Ali Tajuddin.
2021
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Title
Islamic Law in Malaysia : The Challenges of Implementation / edited by Adnan Trakic, Hanifah Haydar Ali Tajuddin.
Added Corporate Author
Edition
1st ed. 2021.
Imprint
Singapore : Springer Nature Singapore : Imprint: Springer, 2021.
Description
XIII, 151 p. 4 illus., 3 illus. in color. online resource
Formatted Contents Note
Notes on Contributors
Foreword
Preface
Chapter 1 Challenges in the Implementation of Islamic Law in Malaysia
Chapter 2 British Administration of Malay Peninsula and Its Impact on the Status of Islamic Law
Chapter 3 The Status of Islam and Islamic Law in the Malaysian Federal Constitution
Chapter 4 Islamic Criminal Law
Chapter 5 Islamic Family Law
Chapter 6 Islamic Inheritance Law
Chapter 7 Islamic Commercial Law
Chapter 8 Islamic Evidence Law
Chapter 9 Transforming and Globalising the Syariah Judiciary System of Malaysia
Chapter 10 Implementation of Islamic Law in Malaysia: The Way Forward
List of Statutes and Regulations
List of Cases
Bibliography.
Foreword
Preface
Chapter 1 Challenges in the Implementation of Islamic Law in Malaysia
Chapter 2 British Administration of Malay Peninsula and Its Impact on the Status of Islamic Law
Chapter 3 The Status of Islam and Islamic Law in the Malaysian Federal Constitution
Chapter 4 Islamic Criminal Law
Chapter 5 Islamic Family Law
Chapter 6 Islamic Inheritance Law
Chapter 7 Islamic Commercial Law
Chapter 8 Islamic Evidence Law
Chapter 9 Transforming and Globalising the Syariah Judiciary System of Malaysia
Chapter 10 Implementation of Islamic Law in Malaysia: The Way Forward
List of Statutes and Regulations
List of Cases
Bibliography.
Summary
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. .
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Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9789813361874
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