Staff View: Application of the doctrine of binding precedent in Malaysia: a re-evaluation

Application of the doctrine of binding precedent in Malaysia: a re-evaluation

This paper aims to analyze the issues concerning the implementation of binding precedent in Malaysian cases, and propose a re-evaluation of the binding precedent doctrine. The qualitative approach was employed to indicate the issues related to the doctrine of binding precedent by analyzing relevant...

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Main Authors:	Nor Muhamad, Nasrul Hisyam, Kamarudin, Mohd. Khairy, Samat, Abdul Basit, Mohd. Noor, Sulaiman Shakib, Hassan, Ahmad Muhyuddin, Ruskam, Aminuddin
Format:	Article
Published:	The Canadian Center of Science and Education 2020
Subjects:	BP Islam. Bahaism. Theosophy, etc H Social Sciences (General)
Online Access:	http://eprints.utm.my/id/eprint/90701/ http://dx.doi.org/10.5539/jpl.v13n3p263
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id	my.utm.90701
record_format	eprints
spelling	my.utm.907012021-04-30T14:55:42Z http://eprints.utm.my/id/eprint/90701/ Application of the doctrine of binding precedent in Malaysia: a re-evaluation Nor Muhamad, Nasrul Hisyam Kamarudin, Mohd. Khairy Samat, Abdul Basit Mohd. Noor, Sulaiman Shakib Hassan, Ahmad Muhyuddin Ruskam, Aminuddin BP Islam. Bahaism. Theosophy, etc H Social Sciences (General) This paper aims to analyze the issues concerning the implementation of binding precedent in Malaysian cases, and propose a re-evaluation of the binding precedent doctrine. The qualitative approach was employed to indicate the issues related to the doctrine of binding precedent by analyzing relevant cases. These cases were selected to propose the re-evaluation of the binding precedent doctrine as practiced by the Malaysian dual-judicial system. The main issue to be discussed regarding the doctrine of binding precedent is interference by the Civil Court on Islamic matters and Syariah Court decisions, which lead to inconsistency in judgments, even after the amendment of Article 121(1A) of the Federal Constitution. This study proposes that the application of binding precedent should be re-evaluated to ensure that the principles of justice are upheld. Court judges should decide cases based on merit, and only use previous judgments as guidance for present and future cases. The Canadian Center of Science and Education 2020-09 Article PeerReviewed Nor Muhamad, Nasrul Hisyam and Kamarudin, Mohd. Khairy and Samat, Abdul Basit and Mohd. Noor, Sulaiman Shakib and Hassan, Ahmad Muhyuddin and Ruskam, Aminuddin (2020) Application of the doctrine of binding precedent in Malaysia: a re-evaluation. Journal of Politics and Law, 13 (3). pp. 263-267. ISSN 1913-9047 http://dx.doi.org/10.5539/jpl.v13n3p263 DOI:10.5539/jpl.v13n3p263
institution	Universiti Teknologi Malaysia
building	UTM Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Teknologi Malaysia
content_source	UTM Institutional Repository
url_provider	http://eprints.utm.my/
topic	BP Islam. Bahaism. Theosophy, etc H Social Sciences (General)
spellingShingle	BP Islam. Bahaism. Theosophy, etc H Social Sciences (General) Nor Muhamad, Nasrul Hisyam Kamarudin, Mohd. Khairy Samat, Abdul Basit Mohd. Noor, Sulaiman Shakib Hassan, Ahmad Muhyuddin Ruskam, Aminuddin Application of the doctrine of binding precedent in Malaysia: a re-evaluation
description	This paper aims to analyze the issues concerning the implementation of binding precedent in Malaysian cases, and propose a re-evaluation of the binding precedent doctrine. The qualitative approach was employed to indicate the issues related to the doctrine of binding precedent by analyzing relevant cases. These cases were selected to propose the re-evaluation of the binding precedent doctrine as practiced by the Malaysian dual-judicial system. The main issue to be discussed regarding the doctrine of binding precedent is interference by the Civil Court on Islamic matters and Syariah Court decisions, which lead to inconsistency in judgments, even after the amendment of Article 121(1A) of the Federal Constitution. This study proposes that the application of binding precedent should be re-evaluated to ensure that the principles of justice are upheld. Court judges should decide cases based on merit, and only use previous judgments as guidance for present and future cases.
format	Article
author	Nor Muhamad, Nasrul Hisyam Kamarudin, Mohd. Khairy Samat, Abdul Basit Mohd. Noor, Sulaiman Shakib Hassan, Ahmad Muhyuddin Ruskam, Aminuddin
author_facet	Nor Muhamad, Nasrul Hisyam Kamarudin, Mohd. Khairy Samat, Abdul Basit Mohd. Noor, Sulaiman Shakib Hassan, Ahmad Muhyuddin Ruskam, Aminuddin
author_sort	Nor Muhamad, Nasrul Hisyam
title	Application of the doctrine of binding precedent in Malaysia: a re-evaluation
title_short	Application of the doctrine of binding precedent in Malaysia: a re-evaluation
title_full	Application of the doctrine of binding precedent in Malaysia: a re-evaluation
title_fullStr	Application of the doctrine of binding precedent in Malaysia: a re-evaluation
title_full_unstemmed	Application of the doctrine of binding precedent in Malaysia: a re-evaluation
title_sort	application of the doctrine of binding precedent in malaysia: a re-evaluation
publisher	The Canadian Center of Science and Education
publishDate	2020
url	http://eprints.utm.my/id/eprint/90701/ http://dx.doi.org/10.5539/jpl.v13n3p263
_version_	1698696973173915648
score	13.211869

Application of the doctrine of binding precedent in Malaysia: a re-evaluation

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