| dc.creator |
SHUAIB, FARID SUFIAN |
|
| dc.date |
2017-12-08T00:00:00Z |
|
| dc.date.accessioned |
2019-07-09T11:31:43Z |
|
| dc.date.available |
2019-07-09T11:31:43Z |
|
| dc.identifier |
http://dergipark.org.tr/sduhfd/issue/33190/369415 |
|
| dc.identifier |
|
|
| dc.identifier.uri |
http://acikerisim.sdu.edu.tr/xmlui/handle/123456789/43806 |
|
| dc.description |
ABSTRACTThe arrival of the British intervention in the territories now known asMalaysia did not replace the territorial law which is Islamic law and custom.However, through the office of the British Residency, legislation modelled afterEnglish law was enacted and British judges who were brought to preside the newcourt system brought with them English common law. This saw the indirectintroduction of English law in Malaysia which causes the marginalisation of Islamiclaw and custom. The independence of Malaysia in 1957 provides an opportunity toarticulate the position of Islam in the Malaysian legal system. The main vehicle ofthis articulation is the Federal Constitution which was enacted in 1957simultaneously with the declaration of the independence of Malaysia. The FederalConstitution favours continuity of law and the legal system that exist before theindependence. The Federal Constitution at the same time asserts the special positionof Islam in the nation and the legal system. Among the implication of thisconstitutional approach is the continuity of the application of Islamic law inMalaysia and the existence of a plural court system. |
|
| dc.format |
application/pdf |
|
| dc.publisher |
Süleyman Demirel University |
|
| dc.publisher |
Süleyman Demirel Üniversitesi |
|
| dc.relation |
http://dergipark.org.tr/download/article-file/388312 |
|
| dc.source |
Volume: 7, Issue: 1
75-90 |
en-US |
| dc.source |
2146-7129 |
|
| dc.subject |
MALAYSIA,COMMON LAW,ISLAMIC LAW |
|
| dc.title |
ISLAM, NATION-STATE AND THE LEGAL SYSTEM OF MALAYSIA |
en-US |
| dc.type |
info:eu-repo/semantics/article |
|