Podcast
Questions and Answers
What is the primary source of Islamic law that refers to the sayings and conduct of Prophet Muhammad?
What is the primary source of Islamic law that refers to the sayings and conduct of Prophet Muhammad?
Which of the following represents a consensus among jurists in Islamic law?
Which of the following represents a consensus among jurists in Islamic law?
What system replaced the Hindu devaraja in Malay governance?
What system replaced the Hindu devaraja in Malay governance?
What role does the Sultan play in the Malay-Muslim Sultanate, according to Islamic law?
What role does the Sultan play in the Malay-Muslim Sultanate, according to Islamic law?
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What is the primary source of Syariah law in Islam?
What is the primary source of Syariah law in Islam?
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What was the purpose of the 'Risalat Hukum Kanun' in the context of Malay law?
What was the purpose of the 'Risalat Hukum Kanun' in the context of Malay law?
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Which school of jurisprudence is primarily followed in Malaysia?
Which school of jurisprudence is primarily followed in Malaysia?
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Which of the following legal concepts involves deductions from reasoning or analogy in Islamic law?
Which of the following legal concepts involves deductions from reasoning or analogy in Islamic law?
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What role did British law play in relation to Islamic law in Malaya?
What role did British law play in relation to Islamic law in Malaya?
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Which document served as an early basis for combining Syariah with customary laws in the Malay States?
Which document served as an early basis for combining Syariah with customary laws in the Malay States?
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Who founded Melaka and introduced Islam to the Malay states?
Who founded Melaka and introduced Islam to the Malay states?
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Which of the following best describes the influence of Hinduism on Malay customary law?
Which of the following best describes the influence of Hinduism on Malay customary law?
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What does Islamic law in Malaysia encompass?
What does Islamic law in Malaysia encompass?
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What was the demographic situation of Malaya before the first treaties?
What was the demographic situation of Malaya before the first treaties?
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How was Mohammedan law characterized in the context of the Malay population?
How was Mohammedan law characterized in the context of the Malay population?
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What was the significance of Shaik Abdul Latif and others v. Shaik Elias Bux?
What was the significance of Shaik Abdul Latif and others v. Shaik Elias Bux?
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What was the nature of the Mahomedan Marriage Ordinance 1880?
What was the nature of the Mahomedan Marriage Ordinance 1880?
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What was a significant issue involving kadi (Syariah judges) as mentioned?
What was a significant issue involving kadi (Syariah judges) as mentioned?
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Which amendment did NOT occur to the Mahomedan Ordinance?
Which amendment did NOT occur to the Mahomedan Ordinance?
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What was the key evidence for determining the substantive content of Islamic law?
What was the key evidence for determining the substantive content of Islamic law?
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What type of laws regulated successions on death for Mahomedan Malays in certain states?
What type of laws regulated successions on death for Mahomedan Malays in certain states?
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In which states were special local customs based on matriarchy found?
In which states were special local customs based on matriarchy found?
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In which regions did the Mahomedan Ordinance remain in force until it was repealed in 1959?
In which regions did the Mahomedan Ordinance remain in force until it was repealed in 1959?
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What was the domicile of Shaik Baloo Bux at the time of his death?
What was the domicile of Shaik Baloo Bux at the time of his death?
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What did Tijah v Mat Alli 4 Ky.124 primarily concern?
What did Tijah v Mat Alli 4 Ky.124 primarily concern?
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What governed the validity of the will regarding movable property of Shaik Baloo Bux?
What governed the validity of the will regarding movable property of Shaik Baloo Bux?
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Which of the following was often confused by kadi when applying the law?
Which of the following was often confused by kadi when applying the law?
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Which British law was applicable to Malay administrators according to the content?
Which British law was applicable to Malay administrators according to the content?
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What was a limitation of the Mahomedan Ordinance according to the content?
What was a limitation of the Mahomedan Ordinance according to the content?
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What was the main legal issue considered in Shaik Abdul Latif & Ors v Shaik Elias Bux?
What was the main legal issue considered in Shaik Abdul Latif & Ors v Shaik Elias Bux?
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What year did Shaik Baloo Bux execute his will?
What year did Shaik Baloo Bux execute his will?
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What type of judges were appointed in the states of Selangor, Perak, and Pahang?
What type of judges were appointed in the states of Selangor, Perak, and Pahang?
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What was the primary purpose of the Native Courts in Sarawak regarding Islamic law?
What was the primary purpose of the Native Courts in Sarawak regarding Islamic law?
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Which ordinance established the Syariah Courts in Sarawak?
Which ordinance established the Syariah Courts in Sarawak?
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What is a primary function of the Majlis Islam established in Sarawak?
What is a primary function of the Majlis Islam established in Sarawak?
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What type of legal matters are most commonly litigated in the Native Courts of Sarawak?
What type of legal matters are most commonly litigated in the Native Courts of Sarawak?
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In Sabah, who was authorized to make rules for the observance of public worship among Muslims?
In Sabah, who was authorized to make rules for the observance of public worship among Muslims?
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What is a characteristic of the laws governing succession in Sarawak as stated in the content?
What is a characteristic of the laws governing succession in Sarawak as stated in the content?
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Which of the following is NOT included in the matters regulated by Native Customary Law in Sarawak?
Which of the following is NOT included in the matters regulated by Native Customary Law in Sarawak?
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What element is minimal in the regulations regarding succession under the Native Customary Law in Sarawak?
What element is minimal in the regulations regarding succession under the Native Customary Law in Sarawak?
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What was the role of the kadi or Imam in the early days of British administration in Sabah?
What was the role of the kadi or Imam in the early days of British administration in Sabah?
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Which ordinance re-vested the administration of Islamic law to the district imam?
Which ordinance re-vested the administration of Islamic law to the district imam?
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What was established in 1977 under a revised enactment?
What was established in 1977 under a revised enactment?
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During British rule, who heard appeals from the decisions of the Syariah courts?
During British rule, who heard appeals from the decisions of the Syariah courts?
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What is the constitutional status of Islam in Malaysia?
What is the constitutional status of Islam in Malaysia?
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Which act governs Islamic family law in the Federal Territories?
Which act governs Islamic family law in the Federal Territories?
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What continues to advise state rulers on Islamic law matters?
What continues to advise state rulers on Islamic law matters?
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What type of laws did the Syariah courts become subordinate to during British intervention?
What type of laws did the Syariah courts become subordinate to during British intervention?
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Study Notes
History of Administration of Islamic Law in Malaysia
- Syariah law is the sacred law of Islam
- Malaysian Islamic law is the Shafii school of jurisprudence
- Islamic law arrived in the Malay States via the Palembang Prince, Iskandar Shah
- Before British influence, Islam modified existing Malay adat law
- Mohammedan law (modified by local customs) was applicable to Malay subjects
- British law gradually became the dominant law system
- Principles of Syariah law were incorporated into English law
- The administration separated religion from the state
- There can be no doubt that Moslem Law would have ended becoming the law of Malaya had not British Law stepped in to check it.
Sources of Islamic Law Applied in Malaysia
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Primary Sources:
- Quran (the word of Allah)
- Sunnah (rules deduced from traditions and conduct of Prophet Muhammad)
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Secondary Sources:
- Ijma (consensus of jurists)
- Qiyas (deductions from reasoning by ijtihad or analogy)
Islam Replaced the Hindu System
- Sultans were regarded as the khalifah or vicegerent representative of Allah
- Malay-Muslim Sultanate, Islam came under the supervision of the Sultan
- Islam supported and strengthened the position of the Sultan who, in turn, insisted upon Islam being the established religion
- Pre-Islam, the Malays followed adat or Hindu-influenced customary law
- Attempted to introduce Syariah & modify the Malay adat to accord with Islam
- Versions of the Undang-Undang Laut Melaka adopted elements of Syariah law into Malay States
Codification of Islamic Law
- Pahang digest, Sultan Abdul al-Ghafur M Shah (1592-1614) had 42/68 articles based on the Syariah
- Composite body of Malay adat law with Hindu-Buddhist elements
- Overlaid w principles of Syariah law modified during British administration when it was incorporated within the framework of English Law
Straits Settlements
- There was a lack of evidence that Malay-Muslim law was the basic law of the land, or that any system being administered when the British arrived
- The 1st Charter of Justice 1807 was adopted
- Modifications were necessary due to the different races and religions of the local inhabitants, to prevent injustice & hardship if English Law were imposed and unmodified
Provisions of the Charter
- The Courts of Judicature interpreted provisions as allowing the application of personal laws that apply to specific groups (defined by race or religion)
- Malay-Muslim law was administered among Muslims in the Straits Settlements following policies adopted by the English East India Company of non-interference with native law, custom, and religion.
Cases Illustrative of the Point
- Hawah v Daud (1865), Wood's Oriental Cases, 26
- Kader Mydin, Administrator of Hosan Sah v Shatomah (1868), Wood's Oriental Cases, 42
- In the Straits Settlements, Islamic law was developed before 1880 by the judiciary & subsequently supplemented by legislation
WA & RB (2002)
- There can be no doubt that Moslem law would have ended by becoming the law of Malaya had not British law stepped in to check it.
- British administration separated religion from the state & dealt only with mundane matters
- The principles of Syariah law which concerned personal obligation were incorporated with the English law, subjected to the form and procedures of the latter
- This restriction inhibited full development of Syariah law. Extensive modifications & distortions occurred
Malay States (FMS, UFMS)
- Some initially independent states of Siam became British protectorates
- Islamic States with Muslim Rulers primarily used Malay-Muslim law
- British subsequently turned the Malay states into secular states and institutions
Borneo states - Sabah & Sarawak
- Islamic law administered as part of Malay adat law, enforced by the Native Courts until the establishment of the Syariah Courts in 1978 under the Majlis Islam (Incorporation)
Native Customary Law (Islamic)
- There was a native customary law, however, some provisions contain elements of Islamic code and principles
- Islamic Law in some provision is minimal
- there was Sarawak legislation of orders(1860s) that sought to give effect to local custom
Syariah Courts
- Syariah courts subordinate to civil courts during British intervention
Constitutional Monarchy government
- The Head of State of Malaysia (YDPA) is a rotational position elected by the Conference of Rulers and is the supreme law of the Federation
- The Rulers of the Malaysian states are the heads of religion & Islam
- The State Legislative body is called the State Legislative Assembly, whose laws are called State Enactments
- The Syariah courts fall under the jurisdiction of each state government (Islam as a state matter)
Conference of Rulers (Majlis Raja-Raja)
- Considers religious issues
- Members are 9 Malay Rulers and 4 Yang DiPertua Negeri
- Highest august body to oversee Islamic religion
Mufti (Religious Advisors)
- Advisers to the Malay Rulers
- Issue fatwas on contemporary issues
- Lead the Department of Mufti that processes fatwa requests, organizes religious programs, and publishes religious literature
State Department of Syariah Judiciary
- This department administers the syariah courts in various matters
- Registration of cases, proceedings, orders of the syariah court, appeal processes, and inheritance certificates are handled by this department
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Description
Test your knowledge on the primary sources of Islamic law, the role of the Sultan in the Malay-Muslim Sultanate, and the historical influences on Malay law. This quiz covers essential concepts and historical context surrounding Syariah law and its application in Malaysia.
