ISLAMIC LAW

INTRODUCTION

POSITION OF ISLAM IN THE FEDERAL CONSTITUITION

♦Article3(1) of Federal Constituition of Malaysia provides that “Islam is the

religion of Federation;but other religions may be practised in peace and
harmony in any part of Federation.
All ruler will be the Head of the religion of Islam for their states and the
states that do not have a ruler Yang di-Pertuan Agong will be their Head of
religion.
According to Ninth Schedule on Legislative lists,Islamic law sl enlisted
under List II- State list.
The state are empowered to make law regarding to succession,testate and
intestate,betrothal,marriage,divorce,dower,maintenance,adoption,legitimacy,
guardianship.charitable and religions trust;zakat fitrah and baitulmal.

♥Article 11(4) provides that “State law and in respect of the Federal
Territories of Kuala Lumpur and Labuan,federal law may control or restrict the
propagation of any religious doctrine or belief among persons professing the
religion of Islam.

♦Article 12(3) states that “No person shall be required to receive instruction in
or take part in any ceremony or act worship of a religion other than his own,”

♥Article 12(4) provides: “The religion of a person under the age of eighteen
years shall be decided by his parents or guardian”

SOURCES OF ISLAMIC LAW

Primary source of Islamic Law is Al-Quran and Al-Sunnah.

►Al-Quran:contains verse of revelation on the laws of conduct that Muslims
should abide and follow
►Al-Sunnah:consist of actions and sayings of Prophet Muhammad that
supported the law of the Quran.

Secondary sources are:

►Ijma’ (consensus)
►Ijtihad (Analogy)
►Qiyas (Deduction)
CIstihsan (Equity)
►Musalah wal mursaleh (Common or public good)

ADMINISTRATION OF ISLAMIC LAW

☺Majlis Agama Islam

According to Section 4 of Selangor Administration of Islamic Law Enactment
1989,Islamic Law in Selangor is administered by Majlis Agama Islam
Selangor.The majlis will:
►appoint committees to assist it in the performance of its duties or powers
►advise Sultan in all matters except matters of Hukum Syarak and those
relating to the administration of justice
►has a power to register and control the running of Islamic religious school in
Selangor

☺Mufti
Section 29 of Selangor Administration of Islamic Law Enactment 1989
provides that Sultan will apoint Mufti for the state,Mufti shall:
►aid and advise Sultan in all matters except of Hukum Syarak
Under Section 31,Mufti may

☺Islamic Legal Consultative Committee

Is constituted under Section 34 of Selangor Administration of Islamic Law
Enactment 1989.Committee will:
►conduct a study or research and prepare the working paper on Fatwa
►Issuance of any Fatwa is made after discussion and accepted voews ny
reference of Mazhab Syafie,Hanafi,Maliki or Hanbali.

☺Prosecution and Religious Enforcement

Sultan on advice of Majlis will appoint the Chief Syariah Prosecutor who shall
have power at his discretion to prosecute,conduct and not to continue any
proceedings for an offence before a Syariah Court.Majlis may appoint
Religious Enforcement Officer to assist in the investigation of offences under
the Enactment

☺Baitulmal and Mosques

Majlis shall ensure that all mosque in Selangor are kept in proper state of
cleanliness;and the Majlis may raise and apply,or authorize the raising and
application of special funds for the purpose of repairs and maintenance.

☺Religious Teaching Advisory Committee

The committee shall have power to grant a tauliah for purposes of teaching of
any aspect of the religion of Islam and to withdraw such tauliah

☺Registrar of Mualaf
Conversion of persons to the Islamic religion is allowed if he is of the age of
majority and sound of mind.This conversion needs to be registered in the
Register of Mualaf.A certifivate of conversion to Islam shalll be given as a
proof.The converted person will be treated as Muslim.

☺Syariah courts
Section 37,Syariah Subordinate Courts,Syariah High Courts and Syariah
Appeal Court are constituted to administer Islamic Law in Selangor.