Professional Documents
Culture Documents
PEPERIKSAAN
IJAZAH SARJANA MUDA UNDANG-UNDANG
________________________________________________________________
Jawab DUA (2) soalan sahaja. Soalan 1 (WAJIB) dan SATU (1) soalan
lain.
Soalan WAJIB
(15 markah)
(15 markah)
3. Dalam kes Che Omar bin Che Soh v. Pendakwa Raya (1999) 2 CLJ 780,
di mana Salleh Abas LP, yang bercakap bagi pihak Mahkamah Agung, dalam
menimbangkan perkataan "Islam" dalam Perkara 3 (1) Perlembagaan
Persekutuan, menyatakan bahawa:-
" There can be no doubt that Islam is not just a mere collection of
dogmas and rituals but it is a complete way of life covering all fields
of human activities, may they be private or public, legal, political,
economic, social, cultural, moral or judicial. This way of ordering
2/3
LXEB 1102
the life with all the precepts and moral standards is based on divine
guidance through his prophets and the last of such guidance is the
Quran and the last messenger is Mohammad S.A.W. whose
conduct and utterances are revered."
-TAMAT-
3/3
UNIVERSITY OF MALAYA
EXAMINATION FOR
THE DEGREE OF BACHELOR OF LAWS
________________________________________________________________
INSTRUCTIONS TO CANDIDATES:
COMPULSORY Question
1. (i) Discuss the development of English law and the role played by the
Charter of Justice in the application of English law in the Straits
Settlements.
(15 marks)
(ii) Based on historical factors and decided cases, discuss the importance
of determining whether Penang is a ceded or settled territory.
(15 marks)
3. In the case of Che Omar bin Che Soh v. Public Prosecutor (1999) 2 C.L.J.
780, where Salleh Abas L.P., who spoke for the Supreme Court, in considering
the word of "Islam" in the Article 3(1) Federal Constitution, stated that:-
" There can be no doubt that Islam is not just a mere collection of
dogmas and rituals but it is a complete way of life covering all fields
of human activities, may they be private or public, legal, political,
economic, social, cultural, moral or judicial. This way of ordering the
life with all the precepts and moral standards is based on divine
guidance through his prophets and the last of such guidance is the
2/3
LXEB 1102
By referring to the above case, discuss the application of the Islamic Law
in Malaysia by using appropriate judicial decisions and provision in the Federal
Constitution.
(30 marks)
(ii) The Federal Constitution has features of the doctrine of the separation
of powers. Discuss to what extent the doctrine applies in Malaysia by
referring to the provisions in the Federal Constitution.
(10 marks)
- END -
3/3