Harmonisations of Shari'ah and Civil Law: progress and achievements
The harmonisation of Shari’ah and Civil law is not a recent development, especially in Malaysia. This concept has not been newly introduced but has rather evolved informally alongside the enactment and development of laws. The reason is that both Shari’ah and Civil law share the same spirit and obje...
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| Format: | Book |
| Language: | English |
| Published: |
Centris, IIUM
2024
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| Online Access: | http://irep.iium.edu.my/116919/6/116919_Harmonisation%20of%20Shari%27ah%20and%20Civil%20Law.pdf http://irep.iium.edu.my/116919/ https://bit.ly/harmonisationofshariahandcivillaw. |
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| Summary: | The harmonisation of Shari’ah and Civil law is not a recent development, especially in Malaysia. This concept has not been newly introduced but has rather evolved informally alongside the enactment and development of laws. The reason is that both Shari’ah and Civil law share the same spirit and objective i.e., the establishment of justice.
Shari’ah in its divine nature and system, has existed for a long time and has been practised and applied throughout the decades and phases of legal development over different cultures and civilisations. In alignment with cultural development and civilisation, the Civil laws were enacted across various countries, where many principles and legal contents to a certain extent are similar to the Shari’ah in many areas and legal aspects. The discussion in this book exhibits a clear example of those similarities.
Recognising the critical importance of harmonising Shari’ah and Civil law in Malaysia’s diverse, multi-racial society, this book has been developed to showcase the progress and achievements of the ideas of harmonisation of Shari’ah and Civil law since May 2002, and to serve as a raison d’etre of the establishment of Ahmad Ibrahim Kulliyyah of Laws. In 2023, IIUM and AIKOL are celebrating their 40th anniversary, commemorating four decades since their establishment in 1983.
This book is the second publication of chapters by the Harmonisation of Shari’ah and Law Unit (HSLU) at AIKOL, IIUM, following its first publication in 2023. The book compiles conference papers that were presented at the ICHSL, held from 1st to 2nd August 2023. The conference was co-organised by the Harmonisation of Shari’ah and Law Unit (HSLU), Ahmad Ibrahim Kulliyyah of Laws, and the Attorney General's Chambers of Malaysia. All the papers underwent a double-blind review process, requiring the authors to comply with the reviewers' suggestions before they were accepted for presentation and publication.
The book is organised into eight parts and contains a total of 20 chapters, each focusing primarily on the following conference sub-themes:-
1. Maqasid Al-Shari’ah as a Guiding Tool for Harmonisation;
2. Harmonisation of Family Law;
3. Harmonisation of Shari’ah and Civil law;
4. Harmonisation of Criminal Law and Tort;
5. Harmonisation of Shari’ah and International Law/ Conventions;
6. Harmonisation of the Law of Contract and Other Areas of Law;
7. Codification of Islamic law in Civil Courts and Harmonisation of One Area of Law to Another; and
8. Harmonisation in Islamic Finance. |
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