Judicial creativity in the Malaysian Shari'ah (Syariah)Courts : the need for paradigm shift

QR Code

Judicial creativity in the Malaysian Shari'ah (Syariah)Courts : the need for paradigm shift

Judicial creativity helps develop law by way of ijtihad. This fact has been proven in various fields of the Shari‘ah. The paper discusses some of these areas and concludes that with the added contribution of qadhis, the Shari‘ah is equally relevant in all spheres of human relations (muamalat) and c...

Full description

Bibliographic Details
Main Author:	Mohd Zin, Najibah
Format:	Article
Language:	English
Published:	American-Eurasian Network for Scientific Information (AENSI), Jordan 2011
Subjects:	KPG Malaysia
Online Access:	http://irep.iium.edu.my/15880/ http://irep.iium.edu.my/15880/1/najibah.pdf

Similar Items

Judicial precedents : an expository study of civil judicial system and shari'ah court system
by: Ansari, Abdul Haseeb
Published: (2011)

Convention on the service abroad of judicial and extrajudicial documents in civil and commercial matters: Shari'ah perspective
by: Kamaruddin, Zaleha, et al.
Published: (2010)

Women as shari’ah court judges: Malaysia and Indonesia
by: Wan Muhammad, Ramizah
Published: (2018)

Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca
by: Ibrahim, Norliah, et al.
Published: (2017)

Whistleblowing: a western and Shari’ah perspective = Pemberi maklumat: perspektif barat dan Shari‘ah
by: Zainudin, Nur Hazirah, et al.
Published: (2018)

Claim on future interest as matrimonial property: special reference to Malaysia Shari’ah courts
by: Abdul Ghadas, Zuhairah Ariff, et al.
Published: (2018)

Shari'ah principles in tourism and hospitality services: a Malaysian perspective
by: Abas, Afridah, et al.
Published: (2017)

Woman as shariah court judges with reference to judicial creativitity: a comparative study of Malaysia & Indonesia
by: Wan Muhammad, Ramizah, et al.
Published: (2018)

Judicial certainty and creativity: an evaluation of stare decisis
by: Ismail, Ibrahim
Published: (2004)

Scrutinizing the Malaysian regulatory framework on Shari’ah advisors for Islamic financial institutions
by: Hassan, Rusni, et al.
Published: (2013)

Criminal procedure in Syariah Court
by: Ab Aziz, Shamrahayu
Published: (2011)

Social obligation in land ownership and it's management under Shari'ah
by: Mohamad, Nor Asiah, et al.
Published: (2009)

Shariah court judges and judicial creativity in Malaysia and Thailand: A comparative study
by: Wan Muhammad, Ramizah
Published: (2009)

Dispute resolution during the classical Islamic period and family, dispute resolution in the Shari'ah Courts in Malaysia
by: Mohd Arshad, 'Ain Husna, et al.
Published: (2018)

Towards an APEX Syariah court in Malaysia
by: Shuaib, Farid Sufian, et al.
Published: (2015)

Woman in the Shari'ah courts : a study of Malaysia and Indonesia
by: Wan Muhammad, Ramizah
Published: (2011)

Shari’ah advisors’ opinions on the need of shari’ah governance framework for Islamic capital market In Malaysia
by: Hassan, Rusni, et al.
Published: (2017)

Legal obstacles in Shari’ah corporate governance of Islamic financial institutions in Malaysia
by: Muneeza, Aishath, et al.
Published: (2011)

Contempt of court in the syari'ah courts
by: Kamal Halili, Hassan, et al.
Published: (2012)

The contributions of the Mindanao state university in the development of the shari'ah courts in the Philippines
by: Tagoranao, Abu-Azmie Saidona, et al.
Published: (2019)

Sharī‘ah Court-annexed ADR: The Need for Effective Dispute Management in Waqf, Hibah and Wasiyyah Cases in Malaysia
by: Oseni, Umar Aimhanosi
Published: (2012)

Shari‘ah corporation”: The legal entity of corporation from the Malaysian law and Shari‘ah perspective
by: Abd Ghadas, Zuhairah Ariff, et al.
Published: (2013)

'Shari'ah corporation': the legal entity of corporation from the Malaysian law and shari'ah perspective
by: Abd Ghadas, Zuhairah Ariff, et al.
Published: (2013)

Judicial pluralism in the Malaysian legal system
by: Kayadibi, Saim
Published: (2011)

Rehabilitating youth offenders using alternative punishments: a case study in the Malaysian syariah court
by: Wan Muhammad, Ramizah
Published: (2018)

Siyasah shari’ah in the field of economy under the concept of Maqasid Shari’ah.
by: Kayadibi, Saim
Published: (2012)

Alternative punishment to imprisonment in the Malaysian Shariah Court: Prospects for reforms
by: Hussin, Nasimah
Published: (2017)

The emerging concept of relational autonomy in medical practice: legal analysis from the Malaysian law and Shari'ah perspective
by: Hazelan, Hairul Akram, et al.
Published: (2018)

Feasibility of the application of the doctrine of judicial precedent in civil and shariah courts
by: Ahmed, Kyaw Hla Win @ Md Hassan, et al.
Published: (2013)

Legal pluralism and the place of Syariah courts in the Malaysian legal system
by: Shuaib, Farid Sufian
Published: (2013)

Jurisdictional conflict in interfaith child custody disputes: a legal discourse in Malaysian courts
by: Mohd Zin, Najibah, et al.
Published: (2019)

Maqasid al-Shari'ah
by: El-Mesawi, Mohamed El-Tahir
Published: (2009)

Shari'ah law : an introduction
by: Kamali, Mohammad Hashim
Published: (2008)

Shari’ah corporate governance: the need for a special governance code
by: Hassan, Rusni, et al.
Published: (2014)

Relief available in judicial review
by: Mokhtar, Khairil Azmin
Published: (2010)

Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review
by: Oseni, Umar Aimhanosi
Published: (2015)

Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts
by: Wan Muhammad, Ramizah, et al.
Published: (2018)

Position and jurisdictions of Syariah Court in the administration of Islamic justice in Malaysia
by: Wan Muhammad, Ramizah
Published: (2019)

Syariah court-annexed mediation in Malaysia: some problems and prospects
by: Abdul Hak, Nora, et al.
Published: (2011)

Overview of alternative dispute resolution in the Syariah courts
by: Abdul Hak, Nora
Published: (2019)