What is the concept of Islamic law?

The Qur’an is the principal source of Islamic law, the Sharia. It contains the rules by which the Muslim world is governed (or should govern itself) and forms the basis for relations between man and God, between individuals, whether Muslim or non-Muslim, as well as between man and things which are part of creation.

Does Malaysia use Islamic law?

In Malaysia, Islamic law and customary law were the law of the land long before English law became prominent, as under the current system. According to the Federal Constitution, Islamic law is a matter falling within the State List, meaning that the State Legislatures are empowered to enact the law.

Why is Islamic law one of the sources of Malaysia law?

The Federal Constitution provides that the States have the power to administer Muslim Law. The State legislature has authority over the constitution, organization and procedure of the Syariah Courts and is also allowed to make Islamic laws pertaining to persons professing the religion of Islam.

What are the main laws of Islam?

Sharīʿah, also spelled Sharia, the fundamental religious concept of Islam—namely, its law. The religious law of Islam is seen as the expression of God’s command for Muslims and, in application, constitutes a system of duties that are incumbent upon all Muslims by virtue of their religious belief.

What is the purpose of Islamic law?

The primary objectives of Islamic law (maqasid shari’a) are the protection of life, property, mind, religion, and offspring. The State thus has, under Islamic law, to protect property and by extension the inviolability of homes.

Does Malaysia follow Sharia law?

Islamic law refers to sharia law, and in Malaysia it is known and spelled as syariah. The court is known as the Syariah Court. Looking at the Malaysian legal system as a whole, sharia law plays a relatively small role in defining the laws on the country.

What is the position of Islamic law in Malaysia?

Malaysia has a dual-track legal system comprised of civil courts running in parallel with Islamic Sharia courts where Muslim Malays can be tried on religious and moral charges. Sharia is imposed only on Muslims and deals with moral and family matters.

What are the main sources of law in Malaysia?

The Federal Constitution in Article 160(2) defines ‘law’ to include three sources:(i) written law, (ii) the common law and (iii) any custom having the force of law. This means that legislation, subsidiary legislation, judicial precedents and recognized customs are the “source of law” in Malaysia.

Is the Islamic law the same in Malaysia?

Conclusion • The Islamic law present in the Malaysia is subject to the provisions under Malaysian Federal Constitution.

Where does the Malaysian legal system come from?

MALAYSIAN LEGAL SYSTEM Sources of law – islamic law 1.  14th century. Islam was brought by Muslim traders.  Spread in Malacca during the reign of Parameswara who married a muslim princess from Pasai in 1414. He changed his name to Iskandar Shah.

What is the position of Islamic law in the Constitution?

The Position of Islamic Law under Federal Constitution • Art 3 of FC – Religion of the Federation • Art 11 of FC- Freedom of Religion • Art 8 of FC- Equality • Art 12 (2) of FC- the right to establish, maintain or assist in establishing or maintaining Islamic institutions.

Who was the founder of Islam in Malaysia?

Islam was brought by Muslim traders.  Spread in Malacca during the reign of Parameswara who married a muslim princess from Pasai in 1414. He changed his name to Iskandar Shah. 2.  Other sultans of Malacca (Sultan Mansur Shah and Sultan Mohammad) adhered strictly to Islam.  15th century.