Feasibility of the application of the doctrine of judicial precedent in civil and shariah courts

QR Code

Feasibility of the application of the doctrine of judicial precedent in civil and shariah courts

The doctrine of judicial precedent plays an empirical role in the common law system, but it only has persuasive value in European countries which are practicing the civil legal system. Moreover, it has not been recognised as having a binding force in the Islamic legal system and thus each case has...

Full description

Bibliographic Details
Main Authors:	Ahmed, Kyaw Hla Win @ Md Hassan, Mikail, Sa'id Adekunle, Arifin, Mahamad, Ali Mohamed, Ashgar Ali
Format:	Article
Language:	English
Published:	LexisNexis 2013
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/32549/ http://irep.iium.edu.my/32549/1/ashgar.pdf

Similar Items

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

Stare decisis from Syariah perspective
by: Kyaw Hla Win @ Md. Hassan Ahmed, Hassan, et al.
Published: (2014)

Judicial review of Industrial Court awards: its blemish and proposed reform
by: Ali Mohamed, Ashgar Ali
Published: (2010)

Jurisdiction and powers of the civil courts
by: Ali Mohamed, Ashgar Ali
Published: (2014)

Jurisdiction and powers of the civil courts
by: Ali Mohamed, Ashgar Ali
Published: (2020)

Challenging award of the Industrial Court: the s 33A of the IRA and judicial review conflict
by: Ali Mohamed, Ashgar Ali
Published: (2011)

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

Judicial creativity in the Malaysian Shari'ah (Syariah)Courts : the need for paradigm shift
by: Mohd Zin, Najibah
Published: (2011)

Historical development of Islamic venture capital: an appraisal
by: Hassan, Rusni, et al.
Published: (2011)

The process of gathering evidence in civil cases: its application in civil and shariah courts
by: Mohamed, Duryana, et al.
Published: (2011)

The process of gathering evidence in civil cases: its application in civil and shariah courts
by: Mohamed, Duryana, et al.
Published: (2011)

Shariah courts criminal jurisdiction outdated: time for reform?
by: Ali Mohamed, Ashgar Ali
Published: (2017)

The doctrine of separation of powers: judicial review as a check and balance tool
by: Mokhtar, Khairil Azmin, et al.
Published: (2013)

The Doctrine Of Separation Of Powers And Its Relationship With The Concept Of Judicial Independence In Islam

Civil claims involving motor vehicle accidents: whether Court of Appeal the Apex Court?
by: Ali Mohamed, Ashgar Ali, et al.
Published: (2009)

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

Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585)
by: Ali Mohamed, Ashgar Ali
Published: (2009)

An analysis of the judicial approaches in assessing child maintenance applications in Shariah courts / Nurhidayah Hashim and Tim Lindsey
by: Hashim, Nurhidayah, et al.
Published: (2016)

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)

The civil service and the doctrine of holding office at pleasure.
by: Nik Mahmod, Nik Ahmad Kamal
Published: (2011)

The civil service and the doctrine of holding office at pleasure
by: Nik Mahmod, Nik Ahmad Kamal
Published: (2013)

Crime against maids: an evaluation of Shariah and civil law punishment
by: Ali Mohamed, Ashgar Ali, et al.
Published: (2011)

Whipping as punishment from civil and Shariah perspectives with reference to its practice in Malaysia
by: Ali Mohamed, Ashgar Ali
Published: (2018)

Islamic venture capital in Malaysia: development, constraints and way forward
by: Mikail , Sa'id Adekunle, et al.
Published: (2014)

Of typology and historical precedents
by: Meor Razali, Meor Mohammad Fared
Published: (2014)

LIABILITY FOR FALSE IMPRISONMENT AND JUDICIAL IMMUNITY IN AUSTRALIA’S FEDERAL COURT SYSTEM
by: Allison, Simon, et al.
Published: (2024)

The scope and limits of accounting and judicial courts intervention in inefficient public procurement
by: Estache, Antonio, et al.
Published: (2018)

Basic structure doctrine and its application in Malaysia: with reference to decided cases
by: Ali Mohamed, Ashgar Ali
Published: (2020)

Civil Liberties and National Security: Judicial Review of Executive Power
by: Shah, Pinky
Published: (2007)

Industrial Court: a court of equity and good conscience
by: Ali Mohamed, Ashgar Ali
Published: (2010)

The evolution of Islamic venture capital in Malaysia: an expository study
by: Akunle Mikail, Sa'id, et al.
Published: (2013)

Which precedes? competition or cooperation?
by: Shamsudin, Norazidah, et al.
Published: (2010)

Judicial panel selection in the UK Supreme Court: bigger bench, more authority?
by: Clarry, Daniel, et al.
Published: (2016)

The Doctrine Of Constructive Dismissal : An Analysis Of The Malaysian Industrial Court's Cases From 1995 To 2004
by: Yusof, Raja Muhamad
Published: (2005)

Best interest of children in the division of family business as matrimonial property: the civil and shariah courts’ perspectives in Malaysia
by: Abd Ghadas, Zuhairah Ariff, et al.
Published: (2011)

Stare decisis in syariah
by: Ahmad, Muhamad Hassan, et al.
Published: (2020)

Specific courts and tribunal
by: Ali Mohamed, Ashgar Ali
Published: (2014)

The application of caveat emptor and caveat venditor doctrines from civil and Islamic perspectives
by: Muhammad Hafiz Mohd. Shukri,, et al.
Published: (2021)

Sulh in shariah courts of Malaysia
by: Abdul Hak, Nora
Published: (2019)

Woman judge in shariah court
by: Wan Muhammad, Ramizah
Published: (2008)