Dynamics of the Islamic Justice System in Malaysia: An Analysis of the Differences in State-level Shari'ah Courts

Malaysia is a Muslim-majority country, but it does not apply Islamic law as a whole or use the khilafah al-Islamiyah legal system. The country's legal system is under the control of the federal government, which has ultimate authority in determining the direction and policy of national law. However, jurisdiction over sharia law remains with the sharia judiciary. In the federalism system applied, each region has its own policy in managing its sharia court.This research was conducted using the library research method with a qualitative approach. The data sources used include books, journals, and articles in Indonesian and English. The collected data were analyzed through content analysis method. The results showed that the difference in the authority of the Syariah Court in Malaysia is reflected in the variety of enakmen references used by each state. This is because, in a federal system, state governments have broader authority to manage and regulate legal affairs in their respective regions.

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Publication Details

Journal
Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan Islam
Published
2025-05-06
DOI
https://doi.org/10.15575/as.v6i1.43301
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Dynamics of the Islamic Justice System in Malaysia: An Analysis of the Differences in State-level Shari'ah Courts

Zulfan Zulfan, Yusnita Eva, Shoffia Bulqis
Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan Islam
Islamic Finance and Banking Studies
article

Dynamics of the Islamic Justice System in Malaysia: An Analysis of the Differences in State-level Shari'ah Courts

Zulfan Zulfan, Yusnita Eva, Shoffia Bulqis
article en

Abstract

Malaysia is a Muslim-majority country, but it does not apply Islamic law as a whole or use the khilafah al-Islamiyah legal system. The country's legal system is under the control of the federal government, which has ultimate authority in determining the direction and policy of national law. However, jurisdiction over sharia law remains with the sharia judiciary. In the federalism system applied, each region has its own policy in managing its sharia court.This research was conducted using the library research method with a qualitative approach. The data sources used include books, journals, and articles in Indonesian and English. The collected data were analyzed through content analysis method. The results showed that the difference in the authority of the Syariah Court in Malaysia is reflected in the variety of enakmen references used by each state. This is because, in a federal system, state governments have broader authority to manage and regulate legal affairs in their respective regions.

Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan IslamVol. 6(1)
Openalex Percentile: Top 86%
Islamic Finance and Banking Studies
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Dynamics of the Islamic Justice System in Malaysia: An Analysis of the Differences in State-level Shari'ah Courts — Zulfan Zulfan, Yusnita Eva, et al. · Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan Islam (2025) | TGRS Research Map | TGRS