Shariah Court In Malaysia
SHARI’E LAWYERS IN MALAYSIAN COURT
1.1 Historical Backgrounds and Jurisdiction of the Shariah Court
Islam has been made the official religion of our country since Merdeka in 1957 by virtue of the Federal Constitution of Malaysia . The position of Islam and Islamic law as its stands today is not a new constitutional development since it has its roots from the historical experiences. The Rulers of Malay States through their respective written and unwritten State Constitutions made Islam as their State official religion even before Merdeka.
Generally, in Malaysia, Shariah courts are placed within the authority of the States. It can hear disputes in matter over which the Shariah courts have jurisdiction, namely Islamic law matters. The Shariah
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As for Muslims in Malaysia, since there are 13 states and 3 Federal Territories, it is governed by the Administration of Islamic law enactments or Administration of the Religion of Islam. Hence there are 14 such enactments, one for each state and the 3 Federal territories share one enactment. Each state has to establish its own Shariah Court where all its judges, prosecutors, registrar and officers of the courts are employed by the State Government. As State Courts, they have jurisdictions within the respective State Boundaries …show more content…
1.2 Shari’e Lawyers in the Shariah Court
Shari’e Lawyers are individuals who are directly involved as an officer of the court. They assist the court to make a fair decision on the cases. The authority to manage and administer the Shari’e Lawyer profession is in a state through the Administration of Muslim Law Act states. In reality, Shari’e lawyers are different with civil lawyers because they are regulated under the provisions of the Shari’e Lawyer’s Rules drafted by Islamic Administration Enactment of the states. Instead, for the civil lawyers, they are regulated under the Legal Profession Act 1976 which covers the whole of Malaysia.
Generally, Shari’e Lawyer according to the interpretation in the Shari’e Lawyer Rules is:
“Someone who has the qualifications and conditions as may be prescribed as the Shari’e Lawyer under Shari’e Lawyer Rules of the respective states”
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