The position of the Shariah Court in the Malaysian legal system — Rosli Dahlan and Fawza Sabila Faudzi

Source: The Malay Mail Online

BY ROSLI DAHLAN & FAWZA SABILA FAUDZI

MAY 15 — It has been said that Islamic law and the civil law exist as parallel systems in Malaysia. The proposition, while attractive, is grossly inaccurate in law. As it stands today, the administration of Islamic law is confined to personal law for Muslims and the Shariah court is subordinate to the courts established by the Federal Constitution and under federal law, as this article will show.

The Shariah court has in recent years become a prominent subject in public discussion, not least of all with the constitutional provision that “Islam is the religion of the Federation”.

It is vital that the history of how religion came to be inserted in the Federal Constitution be first examined, objectively and dispassionately, given that the subject is fraught with difficulty. Read more