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Course Info

About this Course

This course elaborates the history and position of the Islamic laws in the Malaysian Legal System, specifically on the muamalah laws. Current Muamalah laws are also discussed, together with the role of Syariah Advisory Council, Syariah Committee of Islamic Financial Institutions as well as the current issues pertaining to the muamalah laws.

Course Syllabus

Sources of Malaysian Law
3.1 Federal Constitution
3.2 Statutes and Regulations
3.3 Case laws
3.4 Others

Muamalah Laws: Early Period
4.1 Canon Laws of Malacca
4.2 Canon Laws of Pahang
4.3 Canon Laws of Kedah

Sources of Islamic Law
2.1 Al-Quran
2.2 Al-Sunnah
2.3 Qiyas
2.4 Ijtihad

Introduction to Law
1.1 Definition
1.2 Functions of law
1.3 The importance of law
1.4 Comparison between Islamic and Common laws

The Effect of Colonialization
5.1 Charter of Justice 1807
5.2 Introduction to English Legal System
5.3 Diminishing Powers of the Sultanates
5.4 Reducement of the Pre-existing Laws Jurisdiction

The Position of Islam in the Federal Constitution
6.1 Islam as the Religion of the Federation
6.2 Jurisdiction of Courts
6.3 Legislatives and Administration

Malaysian Muamalah Laws
7.1 Islamic Banking Act 1983
7.2 Takaful Act 1984
7.3 Central Bank of Malaysia Act 2009
7.4 Islamic Financial Services Act 2013

Shariah Advisory Council
8.1 Qualification
8.2 Powers
8.3 Function
8.4 Importance

Shariah Committee in Islamic Financial Institutions
9.1 Qualification
9.2 Powers
9.3 Function
9.4 Importance

Fatwa Council
10.1 State and Federal Level
10.2 Powers
10.3 Function
10.4 Importance

Halal Issues
11.1 Legal Issues
11.2 Enforcement
11.3 Procedure

Current Muamalah Issues
12.1 Conflict of Courts Jurisdiction
12.2 Muamalah Work Ethics
12.3 The role of SAC

Frequently Asked Questions

Q1 : WHAT THE COURSE IS ALL ABOUT?
A1 : This course elaborates the history and position of the Islamic laws in the Malaysian Legal System.