Page 25 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

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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