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Historical Background of Islamic Law in Malaysia

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ain nadhirah

on 15 October 2012

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Transcript of Historical Background of Islamic Law in Malaysia

Historical Background of Islamic

Law in Malaysia Norzatul Syafiqah bte Hasbullah No significant changes under Portuguese and the Dutch After Colonisation Effect of British Residential
System and British Advisors Introduction of English Common Law and its effects
They did not interfere unnecessarily with the local custom although less is known of the Portuguese.
Under the Portuguese and the Dutch, magistrates were appointed to settle civil disputes and try criminal.
Although Portuguese and Dutch laws were applied generally, in the cases involving the local people, Muslim law and Malay customs continued to be applied. Effect to Islamic law For trade What the purpose of
Portuguese the Dutch The power of Sultanate became smaller Each of the States had its own judiciary for the administration of justice that modified by British Affecting the Malay religion and custom. Existance of Federated Malay State and Unfederated Malay State Effects of British Residential System and British Advisors Colonisation of British Straits Settlements Introduction of English Common Law The first stage in British intervention began when the East India Company,

which had created outposts in Penang (1786), Malacca (1824) and Singapore

(1819), transferred them to the British Crown and thus making these outposts

part of the British Colonies. Collectively known as the Straits Settlements,

they came directly under the responsibility of the British Colonial Office in

1876 Royal charter of justice
the court of Judicature of Prince Wales
Jurisdiction on civil,Criminal and matter Royal Charter of Justice (1826)
Law England as it stood in 1826 subject
to local condition Royal Charter of Justice
Reorganisation of whole court system
Additional Recorder 4 all the states
Separate registrar appointed for each of
2 division of court. Effect cause legal
British law subject
to local circumtances The power of Islamic law
became small Federated Malay States The Federated Malay States which comprised Perak, Selangor, Negeri Sembilanand Pahang came into being in 1895. Between l874 and 1887, each of the fourStates came under British protection when their rulers, in exchange forBritish recognition of their claim as Rulers of the respective Malay States,agreed to accept the British Residents whose advice was acted upon on allmatters, other than those affecting the Malay religion and custom. Magistrates' Courts, Court of Senior Magistrate court of appeal, the Sultan-in-Council effects the actual decision maker
in the State Council was the British Resident. There was no separation of the judiciary from the executive.

When the Federation was formed in 1895, with the introduction of a common
form of legislation passed in each of the four States, a common Court of
Appeal, called the Court of Commissioner was established. It was the highest
court in the Federated Malay States. Unfederated malaya states The Unfederated Malay States consisted of Kedah, Perlis, Kelantan, Terengganu and Johore.
The first four States came under British protection beginning from 1909 when the Siamese transferred to the British their rights of
sovereignty, protection, administration and control over the States. A British Adviser was appointed for each State under a series of agreements.Johore accepted a British Adviser in 1914. the advice of the British Advisers had to be sought and acted upon by the Rulers of the Unfederated Malay States on allmatters other than those affecting Malay religion and custom. effects prepared by Farah Afiqah
Nabilah bte
Azmi Rabiatul Adawiyah bte
Mohamed sharaani Islamic Law during Malacca Sultanate

Islamic in Malay state and Borneo Islamic Law Before Colonization Islam arrived in south East Asia (SEA) between the end of 13th and 14th century.
Discovery of tombstones in Pasai dated 15th .
Batu bersurat in Terengganu inscribed with jawi writing dated 1303 or 1386.
The writing of foreign travelers

eg: Ibn Batuta and Marco Polo Historical Background Law of Malacca
Law administered by combination of:
- Islamic Law
- Adat Temenggung
The legal rules were shaped by 3 influence:
- Early non-indigenous Hindu/ Buddhist tradition.
- Islam-shafi’s scholars
- Indigenous adat.
AD 1400 :established as important port. Islamic Law During Malacca Sultanate Spread of Islam by Indian
traders from Gujarat and
Arab from West Asia Parameswara embrace Islam. Replaced devaraja system
to sultanate system Direct
impact LAWS SCOPES Law of Malacca
(Hukum Kanun Malacca
/ Risalat Hukum Kanun) Maritime Law of Malacca Cover Islamic Criminal Law ,
Islamic Family Law,
Islamic Law of Transaction Rules and Regulation to be
observed at sea Administration Of Law In Malacca Bendahara Administer law.
Exercise both political and judicial function Temenggung Apprehending criminals.
Maintaining prisons
Keeping peaces Laksamana Chief of Naval Fleet Syahbandar Welfare of foreigners residing
in the state Islamic Law In Malay state
and Borneo Law of
Malacca Law of
1595 Law of
1605 Law of
Johor 1789 99 Laws
of Perak 1878 Constitution
of Johor 1895 Majalah
Ahkam Johor Constitution
of Terengganu
1911 Law of Brunei Islamic Law is governed by the Federal and State Constitution
More recent developments Islamic Law After Independent Based on Article 3
-Malay Rulers as the Head of the Religion in their respective states
The YDPA is the Head of Religion in :
- His own states
-States not having a Ruler
As the Head of Religion of Islam,the Rulers appoint the :
a) Muftis,
b)Syariah Judges
c)Officers in the administration of Islamic Law Head of Religion of Islam Consisted of :
- 9 Malay Rulers, 4 Yang di-Pertua Negeri
- to agree to any Islamic act,observence or ceremonies like determination of fasting month,and the dates of Muslim festivals
CoR is the highest authority in matter of Islam at federal level
CoR is advised by National Council of Islamic Religious Affairs Malaysia Conference of Rulers Muftis Department
of Islamic
Religion Syariah
Courts State Department of
Syariah Judiciary Appointed by Head of Religion
Religious advisor for
the Rulers Responsible
on fatwa n
issues Known as Jabatan Agam Islam Negeri
Enforces the policies of the Council of Islamic Religion
Takes action against Muslim Committing offences against Islamic Law Places under the authority of the states
Jurisdiction is under the Islamic Law matter Registration n proceeding of mal, criminal and inheritance cases
Orders of syariah courts
Process of appeal
The issues of inheritance certificate
National Council of Islamic Religious
Affairs Malaysia Department of Syariah
Judiciary Malaysia Syariah Section,
Research Division,
Attorney General’s Chambers Place under JPM
Assist administration of Syariah court at national level
Department of Islamic Advancement of Malaysia
Known as JKSM Provide legal advice from the Islamic Law perspective like international convention,muamalat matters and proposed legislation.
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