How Are Syariah Laws Being Currently Applied in Malaysia Essay

Islam had been established in Malayanana by the 14th century. Malacca, one of the Malay States in Malaya, emerged as a Muslim Kingdom under Sultan Iskandar Syah and his successors. By the early 15th century, it had create a power of great importance in South easternmost Asia. This brought an end to the political control and cultural learn of the Hindu and Buddhistic powers over the Malay Peninsula. This brought an end to the political control and cultural influence of the Hindu and Buddhist powers over the Malay Peninsula. Malay society and its integritys were influences by idea and ideas from various Muslim countries.This because Islam itself came to this region from different countries, namely the Arab countries, India and crimson China. The faithfulness used in Malacca was Muslim police in cin one casert with Malay customary faithfulness. Malay customary law may besides referred as to as Adat Melayu. In 1511, Malacca was conquered by the Portuguese. However, its sev ere to provide a satisfactory account of the good development during that period. Although Malay customary law was preserved under Portuguese rule and ulterior by the Dutch, during their conquest of Malacca in 1641, it was ultimately replaced by slope law during the British colonization of Malaya beginning from 1786.Evidences and traces of Moslem legal thought and institutions ar present in Malay law. Terminology and ideas from the Moslem legal system found their way into the numerous treatises on traditional Malay law. They are found in the Melaka Digest (Undang-undang Melaka or Risalah Hukum Kanun of 1523) and the Pahang Digest of 1596 with a later supplement, and in the Kedah Digest dated 1606 containing port rules. Further raise is found in the 18th century, 99 truths of Perak and in the Johor Digest of 1789. last the orthodox Muslim works of the Shafiee School of Moslem Law, such as the treatises on the law of marriage, divorce and legitimacy of children were translate d in Malay. The Majalah al-Ahkam al- Adliyyah (The Mejelle), a learn of Muslim civil laws of the Ottoman Empire, was also translated into Malay and recognized as the law to be followed by the Johor courts in 1914. Moslem law, being an import law, evolved through a period of 6 centuries of development. Its impact on the acress legal system was far reaching, even until the early grapheme of the present century.This is well illustrated in the case of Laton v Ramah, where the Court of greet held that Islamic law in Peninsular Malaya was not foreign law just local law, the law of the land which every court moldiness take judicial notice. But during the post British colonial period, Islamic law has been reduced in importance and its significance has further declined afterwards the independence. The ninth Schedule of the federal official piece of music, Legislature Lists (List II- State List) states The Islamic Law is under state authority. Each state enacts its own enactment with legal power over it.Every state has its own Council of Islamic Religion and Malay Custom and the Kadis Courts. These courts break limited jurisdiction on persons professing the Islamic religion, and only included in this list, but shall not have jurisdiction in respect of offences except insofar as centred by Federal Law. The Muslim Courts (Criminal Jurisdiction ) Act 1965 No. 23 of 1965 provides that the jurisdiction of the shariah Courts Shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding 6 month or with any fine exceeding one thousand dollars or with both(prenominal).Its been a questioned among the commonwealth about the application of hudud law in Malaysia since there are different types of religious and beliefs the nations uphold. Many people agreed with the execution whereas some disagreed with the issue. Basically, hudud is the most severe and harsh Islamic law for resorting to punish those offenders through physical means. The provisions of the hudood law cause Malays feared the law and they are not ready for the implementation of hudood laws as there are lack of understanding on the need of a proper model on the Islamic whitlow law.According to Professor Dr. Mahmood Zuhdi Abdul Majid of IIUM, he said If we do not change it, we Malays are definitely ready to implement hudud in Malaysia, but if we were look at Hudud as a political issue, and so it becomes a problem, He also stated that illegal laws should be imposed on all citizens because Islam does not discriminate on whether you are a Muslim or a non-Muslim. Besides, PAS had decided that it will assay constitutional amendment in the Parliament to apply the Hudud law once the Pakatan take over the federal administration. According to our Former President, Dr.Mahathir Mohammad, had stated his dissatisfaction on the implementation of Hudud laws in Malaysia which will create an injustice bench system. For an instance, a Muslim who committed a n offence will be punished according to Hudud law, which is a severe punishment whereas the non-Muslims who committed the like offence will be punished according to civil law which is much lineal. He also commented that there is nothing mentions in the playscript about the severe punishments and he urged Muslims to follow the primary sources of Islam, Quran preferably of the Sunnah or Hadith which are basically those interpretations of the Quran.Furthermore, Nibong Tebal MP, Tan football tee Beng said Kita president, Zaid Ibrahim confessed that non-Muslims can be punished under the Hudud criminal code enactments. He added that Shariah laws that being practiced in Malaysia are establish on civil and family legislation, which governs individual Muslim matters. The issue is controversy as Hudud law can be applied if the Federal Constitution amended which requires majority votes from the members of Parliament. Based on UMNO Minister, Datuk Seri Jamil Khir Baharom view, he stated th at Hudud Law will never give any impact on Non-Muslims.The government is alert that there are distinctions of views and thoughts on this issue among Islamic scholars and jurists and a research need to be done before the Hudud law implemented in Malaysia, so that the penal code is passably to all, complies with Allahs conditions and is in accord with the Malaysia legal system. He also added that if Hudud law is to be applied in Malaysia, the Syariah Court would only have jurisdiction over those who practice Islam in accord with the Federal Constitution, the controlling law of the Federation.Though the issue on the application of Hudud law in Malaysia is indecisive stage, the application of Shariah law does not lose its position. The Islamic law that is in force in Malaysia totally is not factual Islamic law but may have been influenced by scripted laws judicial decisions and customary law. For an instance, the written laws, especially, those enacted before independence, may reject Islamic law. Thus in Ainan v Syed Abu Bakar, it was held that the legitimacy of a child should be determined by the Evidence Enactment (F. M. S. ) and not accordance with Islamic law.