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Advantages Of Syariah Court System

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Towards an Apex Syariah Court in Malaysia

Malaysia has 14 Syariah court systems. The main reason for this state of affairs is the distribution of legislative powers under the Federal Constitution between the federation and the States where Islam and Islamic Law are States matters. This paper looks at the consequences of having distinct Syariah court systems. Based on States, the courts and the laws differ from one State to another. This paper looks at the legal possibility of having one apex court for all the 14 Syariah court systems to streamline the administration and decisions of Syariah courts. Proposals in having such a court are included in the discussion.

Keywords: federalism; Islamic law; legal system; Syariah courts

Introduction

Malaysia is known as a multiracial and multi-religious country in Southeast Asia. For centuries, this country has become the centre of amalgamation of many cultures where people have been living together. Malaysia has a unique blend of three distinctive legal systems, namely: English common law, Islamic law and customary law. The judiciary in Malaysia is largely influenced by the common law of England and Islamic law. There are three court systems being implemented, namely: the civil court system, the Syariah court system and the Native Court system. Unlike the civil court system in Malaysia which is a federalised court system, the Syariah court system is primarily established by state law. Therefore, the Islamic law in one

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