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The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century

This paper highlights some loopholes and proposes a plan of action to transform the current Islamic legal system in Malaysia. This transformation surpasses the well-publicized concept of harmonization between the Malaysian Sharia legal system and the civil law or the common practice of moulding a...

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Main Author: Kamaruddin, Zaleha
Format: Article
Language:English
Published: INSI Publications 2012
Subjects:
K Law (General)
KBP173.25 Islamic law and other disciplines or subjects
Online Access:http://irep.iium.edu.my/29060/1/The_Islamic_Legal_System_in_Malaysia_and_the_Quest_for_Transformation_in_the.pdf
http://irep.iium.edu.my/29060/
http://www.ajbasweb.com/ajbas/2012/Special%20oct/74-82.pdf
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spelling my.iium.irep.290602013-02-15T08:48:53Z http://irep.iium.edu.my/29060/ The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century Kamaruddin, Zaleha K Law (General) KBP173.25 Islamic law and other disciplines or subjects This paper highlights some loopholes and proposes a plan of action to transform the current Islamic legal system in Malaysia. This transformation surpasses the well-publicized concept of harmonization between the Malaysian Sharia legal system and the civil law or the common practice of moulding and casting modern concepts into Islamic constructs. Seeing how the field of Islamic legal system has evolved over the last century from the resulting modernization, transformation is needed to meet the demands and challenges of the new century. This paper springs from an extensive research involving more than ten agencies related to the Islamic legal system in Malaysia. The challenges faced by these agencies, and the plausible solutions to jump-start the Islamic legal system’s transformational efforts are closely examined. The combined efforts of these ten agencies, represented by a joint taskforce, are vital to the success of any action plan to initiate the transformation of the Islamic legal system in Malaysia through the identification of any possible problems and suggesting their solutions. Transformation in this context involves resolving issues through the various processes of renewal (tajdid), reform (islah), revival (ihya’), change (taghyir), migration (hijrah), and evaluation (taqwim). All these approaches should be made through the concept of consultation (mushawarah) and research driven strategies. The current atmosphere in Malaysia is ripe for such an action, as the political leadership of the country has proposed a national transformation plan that covers all aspects of the society. Accordingly, the political will for such transformation is present, and this opportunity must not be wasted. The need for transformation has proven to be constructive in the enhancement of its intellectual dimensions and application to solve the problems faced by Muslims in this challenging millennium. It is hoped that the set of proposals put forward in this study will serve as a catalyst to rapidly transform the Islamic legal system of the country in particular, and in the process, improve its entire legal system in general. INSI Publications 2012 Article REM application/pdf en http://irep.iium.edu.my/29060/1/The_Islamic_Legal_System_in_Malaysia_and_the_Quest_for_Transformation_in_the.pdf Kamaruddin, Zaleha (2012) The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 74-82. ISSN 1991-8178 http://www.ajbasweb.com/ajbas/2012/Special%20oct/74-82.pdf
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
KBP173.25 Islamic law and other disciplines or subjects
spellingShingle K Law (General)
KBP173.25 Islamic law and other disciplines or subjects
Kamaruddin, Zaleha
The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century
description This paper highlights some loopholes and proposes a plan of action to transform the current Islamic legal system in Malaysia. This transformation surpasses the well-publicized concept of harmonization between the Malaysian Sharia legal system and the civil law or the common practice of moulding and casting modern concepts into Islamic constructs. Seeing how the field of Islamic legal system has evolved over the last century from the resulting modernization, transformation is needed to meet the demands and challenges of the new century. This paper springs from an extensive research involving more than ten agencies related to the Islamic legal system in Malaysia. The challenges faced by these agencies, and the plausible solutions to jump-start the Islamic legal system’s transformational efforts are closely examined. The combined efforts of these ten agencies, represented by a joint taskforce, are vital to the success of any action plan to initiate the transformation of the Islamic legal system in Malaysia through the identification of any possible problems and suggesting their solutions. Transformation in this context involves resolving issues through the various processes of renewal (tajdid), reform (islah), revival (ihya’), change (taghyir), migration (hijrah), and evaluation (taqwim). All these approaches should be made through the concept of consultation (mushawarah) and research driven strategies. The current atmosphere in Malaysia is ripe for such an action, as the political leadership of the country has proposed a national transformation plan that covers all aspects of the society. Accordingly, the political will for such transformation is present, and this opportunity must not be wasted. The need for transformation has proven to be constructive in the enhancement of its intellectual dimensions and application to solve the problems faced by Muslims in this challenging millennium. It is hoped that the set of proposals put forward in this study will serve as a catalyst to rapidly transform the Islamic legal system of the country in particular, and in the process, improve its entire legal system in general.
format Article
author Kamaruddin, Zaleha
author_facet Kamaruddin, Zaleha
author_sort Kamaruddin, Zaleha
title The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century
title_short The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century
title_full The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century
title_fullStr The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century
title_full_unstemmed The Islamic Legal System in Malaysia and the Quest for Transformation in the 21st Century
title_sort islamic legal system in malaysia and the quest for transformation in the 21st century
publisher INSI Publications
publishDate 2012
url http://irep.iium.edu.my/29060/1/The_Islamic_Legal_System_in_Malaysia_and_the_Quest_for_Transformation_in_the.pdf
http://irep.iium.edu.my/29060/
http://www.ajbasweb.com/ajbas/2012/Special%20oct/74-82.pdf
_version_ 1643609600972292096
score 13.211869

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