Islamic Law In Malaysia Is Under The Control Of

Courts of malaysia one is the secular justice system based upon laws gazetted by parliament the other is sharia syariah islamic law.

Islamic law in malaysia is under the control of. The nation maintains two parallel justice systems in the country see. Art 160 of fc malay means a. Laws of malaysia act 505 administration of islamic law federal territories act 1993 an act to provide for the federal territories a law concerning the enforcement and administration of islamic law the constitution and organization of the syariah courts and related matters. Consequently this results in non muslims not having legal standing in syariah courts.

Section 2 2 of the wills act 1959 states that the act does not apply to wills of persons professing the religion of islam. Federal territories of kuala lumpur. Islamic financial services act 2013. Islamic law current status of islamic law in malaysia 2.

When the testator previously a non muslim embraces the islamic faith the will made previously shall be void as it no longer comes under the ambit of the wills act 1959. Under such law the sultan was regarded as god s vicegerent 26. In other words islamic law is not the supreme law of the federation because the federal constitution has clearly stated that the supreme law of the country is the constitution itself. Separately companies and businesses carrying on business in malaysia other than those in the labuan ibfc see question 3 are also generally subject to the regulatory supervision of the companies commission of malaysia since the 1990s banks in malaysia except international islamic banks and labuan banks have had to carry on banking business through a company locally incorporated under the.

Islamic law is followed throughout the country but it is usually restricted to personal and family issues. Ostensibly syariah courts only have jurisdiction over persons who declare themselves to be muslims. In the federation of malaysia islam is the religion of the federation but this does not extend to the legal perspective. An act to provide for the regulation and supervision of islamic financial institutions payment systems and other relevant entities and the oversight of the islamic money market and islamic foreign exchange market to promote financial stability and compliance with shariah and for related consequential or incidental matters.

Islamic laws have been administered not only by the syari ah courts but also the civil courts. The majority of people in kelantan are muslims but there are also christians buddhists. To control the affairs of the malay states. Conversion to the islamic faith.

Were islamic in the true sense of the words because. The law applicable was muslim law. The syariah laws in malaysia do not apply to non muslims. 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.