Konsep Sumpah (Al-Yamin) Dan Perlaksanaannya Di Mahkamah Syariah Selangor, Wilayah Persekutuan Kuala Lumpur, Labuan Dan Putrajaya
The research entitled "Concept of Al-yamin and Its Implementation in Syariah Court of Selangor and Wilayah Persekutuan (Kuala Lumpur, Labuan and Putrajaya)" is one of the efforts to compile a comperehensive data on al-yamin with an objective to improve the implementation of Islamic law...
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| Main Authors: | , |
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| Format: | Research Report |
| Language: | Burmese |
| Published: |
Kolej Universiti Islam Malaysia
2015
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| Online Access: | http://ddms.usim.edu.my/handle/123456789/8165 |
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| Summary: | The research entitled "Concept of Al-yamin and Its Implementation in Syariah
Court of Selangor and Wilayah Persekutuan (Kuala Lumpur, Labuan and
Putrajaya)" is one of the efforts to compile a comperehensive data on al-yamin
with an objective to improve the implementation of Islamic law of evidence in
Malaysia. The aim of this research is to give a clear picture on the usage of alyamin
at the Syariah Court specifically in Selangor and Wilayah Persekutuan
theoretically and practically. The findings of the research might be made a
reference to the legal practitioners in Malaysia as well as other Islamic countries
and then it is hoped that the implementation of al-yamin can be standardized and
straightly it will avoid any misunderstanding on its usage. The method employed
in conducting this study will be library research and fieldwork research. Firstly,
library research mostly concerns by referring contemporary and traditional
textbook from various madhhab, reported cases, enactment, acts and etc.
Secondly, fieldwork research refers to collection of primary data through
interviewing judges, lawyers, court's officers and academician. This research
concludes that there was no unified implementation of al-yamin in the Syariah
Court especially in determining the party's rights to implement al-yamirz, taghliz
al-yamin has not been implemented accordingly and there was also no standard
guideline in determining which parties are muddai' and mudda'a alaih. This
situation is happened due to the absence of one specific Rule or guideline that
should be followed by the legal practitioners in the court's proceedings. |
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