Restatement on the origin and basis of the Malaysian legal system
The Federal Constitution is the basic document that provides the legal framework of Malaysia. In understanding Syariah courts, it is pertinent to examine the constitutional position of the courts. There is evidence of confusion in case law and scholarship writings regarding the issue for instance w...
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| Format: | Proceeding Paper |
| Language: | English |
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2013
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| Online Access: | http://irep.iium.edu.my/33822/ http://irep.iium.edu.my/33822/1/RestatementIslamicPosition_ICLAS_2013.pdf |
| _version_ | 1848780819525533696 |
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| author | Shuaib, Farid Sufian |
| author_facet | Shuaib, Farid Sufian |
| author_sort | Shuaib, Farid Sufian |
| building | IIUM Repository |
| collection | Online Access |
| description | The Federal Constitution is the basic document that provides the legal framework of Malaysia. In understanding Syariah courts, it is pertinent to examine the constitutional position of the courts. There is evidence of confusion in case law and scholarship writings regarding the issue for instance where some writers describing the Syariah courts as subordinate to civil courts. It is the proposition of this paper that such an examination will show that Syariah courts are parallel to civil courts. The constitutional position of Syariah courts is examined by referring to the Federal Constitution and case law and a doctrinal analysis of those materials is undertaken. The study on Syariah courts' position is essential to have a clear understanding its constitutional status and to facilitate any further study on possible improvement to the structure of Syariah courts. |
| first_indexed | 2025-11-14T15:39:44Z |
| format | Proceeding Paper |
| id | iium-33822 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:39:44Z |
| publishDate | 2013 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-338222014-01-06T07:13:09Z http://irep.iium.edu.my/33822/ Restatement on the origin and basis of the Malaysian legal system Shuaib, Farid Sufian K Law (General) KD England and Wales The Federal Constitution is the basic document that provides the legal framework of Malaysia. In understanding Syariah courts, it is pertinent to examine the constitutional position of the courts. There is evidence of confusion in case law and scholarship writings regarding the issue for instance where some writers describing the Syariah courts as subordinate to civil courts. It is the proposition of this paper that such an examination will show that Syariah courts are parallel to civil courts. The constitutional position of Syariah courts is examined by referring to the Federal Constitution and case law and a doctrinal analysis of those materials is undertaken. The study on Syariah courts' position is essential to have a clear understanding its constitutional status and to facilitate any further study on possible improvement to the structure of Syariah courts. 2013-02 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/33822/1/RestatementIslamicPosition_ICLAS_2013.pdf Shuaib, Farid Sufian (2013) Restatement on the origin and basis of the Malaysian legal system. In: International Conference on Law and Society (ICLAS), 15-18 Feb 2013, Yogyakarta, Indonesia. |
| spellingShingle | K Law (General) KD England and Wales Shuaib, Farid Sufian Restatement on the origin and basis of the Malaysian legal system |
| title | Restatement on the origin and basis of the Malaysian legal system |
| title_full | Restatement on the origin and basis of the Malaysian legal system |
| title_fullStr | Restatement on the origin and basis of the Malaysian legal system |
| title_full_unstemmed | Restatement on the origin and basis of the Malaysian legal system |
| title_short | Restatement on the origin and basis of the Malaysian legal system |
| title_sort | restatement on the origin and basis of the malaysian legal system |
| topic | K Law (General) KD England and Wales |
| url | http://irep.iium.edu.my/33822/ http://irep.iium.edu.my/33822/1/RestatementIslamicPosition_ICLAS_2013.pdf |