Laporan Syariah/Islamic Law
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LAPORAN SYARIAH (Kes-Kes Terpilih) 2004" is a compilation of selected cases from the Syariah Courts. The compilation, which reports 56 Bahasa Malaysia judgments of the Syariah High Courts/Appeal Courts in Malaysia and 3 judgments in English from the Syariah Appeal Board of Singapore, is published in collaboration with the Department of Syariah Judiciary, Malaysia.The compilation inter alia exhibits the following features:
Case Highlights
On Divorce: "Whilst talak is never encouraged in Islam, no one can be forced to lead a miserable life in a marriage that one abhors. Therefore, if a marriage is clearly failing, and its ideals already seem farfetched, more so when it has been a source for cruelty, hardship, sufferings, arguments and quarrels, then the better solution is to opt for a separation..."Per Mahmud Saedon Awang Othman AJ in Rosliah Abu Kassim v. Abdul Rahman Ibrahim
On Maintenance: "The Syariah enjoins the husband to maintain and support his wife.The trend now, however, is for both of them to go out and work and there were cases where the wife is earning more than the husband. In such cases, it is normal to see the parties sharing the burden of household expenses, with each of them contributing. Clearly, if the contribution made by the husband is fair, the question of maintenance for the wife will not arise, so that, in the event of a divorce, it is not just that the wife should be able to claim from the husband any outstanding maintenance as a form of debt due" Per Ahmad brahim AJ in Halim Azman v. Norizan Mohd Lazim
On Khalwat:"ln a case of khalwat, as here, it is incumbent on the prosecution to prove not only that the accused were there alone by themselves, but also that the circumstances were such that a suspicion had arisen that they were there to commit khalwat. In the present case, the learned judge had accepted the defence story that the respondents were there for the purpose of discussing some financial matters and he was therefore justified in acquitting them" Per Ahmad Ibrahim AJ in Ketua Pendakwa Syarie Negeri Sembilan v. Ahmad Rashid & Satu Lagi
"ISLAMIC LAW (Selected Cases) 2004" is a compilation of selected Islamic Law cases from the civil courts in Malaysia. The compilation epitomizes the 'moods' of the civil courts in interpreting the status and operative of Islamic Law within the confines of the Federal Constitution, particularly article 121 (1 A) thereof. It carries the following distinctive features:
Case Highlights
On whether the Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) ousted the Civil Courts from trying cases of gross indecency under s. 377D of the Penal Code committed by Muslims: "The expression 'jurisdiction of the Syariah Courts' in art. 121(1A) of the Federal Constitution signifies the 'exclusive' jurisdiction of the Syariah Court. It is only in respect of offences under Act 559 (which have no equivalent in the Penal Code or other federal criminal statutes) that the Syariah Court has exclusive jurisdiction to the exclusion of the civil courts" Per Eusoff Chin CJ in Sukma Darmawan Sasmitaat Madja v. Ketua Pengarah Penjara Malaysia & Anor
On the Syariah Court's jurisdiction in bankruptcy matters: "The Syariah Court has jurisdiction only over persons professing the religion of Islam and in respect only of matters pertaining to the enforcement or administration of Islamic Law or the religion of Islam. Accordingly, the legislature could not have intended s. 3(1)(i) of the Bankruptcy Act to encompass judgments or orders of the Syariah Court" Per Abdul Aziz Mohamad J in Re Mohd Kassim Sulong; Ex P Siti Aminah Doon
"LAPORAN SYARIAH" is a quarterly journal and is a continuance of the one-volume "Laporan Syariah (Kes-Kes Terpilih) 2004" Together, they should provide the much needed case materials to the Syarie judges, lawyers, academicians etc. The journal endeavours to report syariah cases from Malaysia and other Islamic jurisdictions from around the world, and shall seek to foster greater understanding of the Syariah by way of publishing suitable articles and other relevant materials. Its main features include:
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