The Islamic Legal System in Malaysia

THE ISLAMIC LEGAL SYSTEM IN MALAYSIA Farid S. Shuaib† Abstract: This margin describes the historical evolution and the current structure of the Islamic heavy system in Malaysia. The structure of the modern Malaysian nurture has its roots in the regions colonial history. By the end of the nineteenth century the territory that comprises contemporary Malaysia had been subjected to British colonial imprimatur. The British did not, however, rule the region as a single colonial unit. In the directly ruled colonies nearly matters were governed by English common fair play, and spell Islamic school of thought governed family law, it was applied by colonial courts that were staffed by British or British-trained judges. In the colonies subject to indirect rule an English phratry physician exercised authority over matters of British interest while Malay sultans retained their hereditary titles, and local courts exercised the sultans authority in matters of Malay adat (custom ) and Islam. When the state of Malaysia was created in 1957, the court schematic a federal structure that reflected the pluralistic colonial system. Malaysia is before long comprised of 13 states and three federal territories. chthonic the constitution, most areas of intent are governed by a akin body of federal law applied by a system of case courts.

However, the constitution grants the states the magnate to apply a version of Islamic law on certain topics enumerated in the constitution, and to create Shari?a courts to adjudicate disputes involving Muslims relating to matters of Islamic law. The subjects i ncluded indoors the states legislative powe! r include, in addition to personal law and matters related to ghostlike practice, offenses deemed to be against the precepts of Islam. All of the states have exercised the powers disposed(p) by the constitution to legislate on matters related to Islam, and all(prenominal) state has accomplished Shari?a courts to adjudicate disputes based on Islamic legislation. A constitutional amendment...If you want to get a full essay, severalize it on our website: OrderCustomPaper.com

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