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Politeknik Kota Bharu




                             d) Islamic Law

                                 ▪  Islamic  law  (Syariah  Law)  is  also  a  major  source  of

                                    Malaysian law enacted under Federal Constitution.

                                 ▪  Only  applicable  to  Muslims  and  is  administered

                                    by Syariah Courts.

                                 ▪  The State legislature has authority over the constitution,

                                    organization, and procedure of the Syariah Courts.

                                 ▪  It  is  a  sacred  law  of  Islam  as  revealed  by  Prophet

                                    Muhammad s.w.t.

                                 ▪  Based on God’s commands on duties towards Allah and

                                    relationship of one Muslim with another.

                                 ▪  Jurisdiction in marriage, inheritance, and apostasy.


                                 ▪  Kelantan  Syariah  Criminal  Code  Enactment  1993

                                    (jurisdiction  limited  to  RM3000  fine  /6  months

                                    imprisonment).

                                 ▪  The main sources:-

                                     a.  Al-Quran: the words of Allah

                                     b.  Sunnah: rules deduced from the traditions (such as

                                         sayings or conduct of Prophet Muhammad s.w.t

                                 ▪  The secondary sources:-

                                     a.  Ijma:  consensus of jurists of any particular judicial

                                         rule

                                     b.  Qiyas:  deductions  from  reasoning  by  ijtihad  or

                                         analogy















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