Saturday, January 23, 2010

voire dire.


"how can you said that the shariah court have the jurisdiction over the cases involving Muslims but not in the power to prevail over the civil court?"

"no.its not that to be the point.its different you should understand the it work and in progress these days after the colonization" .Prof Farid Suffian calmly answered Hafsah, a girl from India during our lecture at Moot Court AIKOL.

it is common to hear sort of questions came from our foreigners friends. they commented that our legal system is quite confusing in nature plus it is different from their own country legal system. of course it is different because yes, they are originated from Islamic country. Fatima from Arab Saudi and Talal from Oman for examples. they keep on questioning our legal system and the place of Syariah Court in Malaysia. yet, our friends from Maldives keep their mouth shut and straight to the library, searching for some legal sources to read and understand. its good to listen to their questions and wait for a brilliant and comprehensive answer from the Professor. i bet Prof Farid Suffian is the most popular one to be asked by the foreigners students as he teach us Malaysian legal System subject. make the whole class knowledgeable.

alright.straight to the point.

the issue of shariah courts' jurisdiction usually involves the jurisdictional conflict between the Shariah courts and Civil courts. these issues are sometimes emotive as they involve one's faith, status and family. questions regarding the jurisdiction of the Shariah courts deserve detailed study due to its importance to Muslims and sometimes non-Muslims. the jurisdiction of Shariah court is as wide as the shariah itself. however in the context of the legal system in Malaysia at present, the starting point in discovering the jurisdiction of the Shariah court is the Federal Constitution, a documents that proclaim itself as supreme. you need to sit back and relax. open your mind as wide as you open the book. think on the content and argue. InsyaAllah you may find the answer.

a judge of United States of America states :

"this is a court review,not a tribunal unbounded by rules. we do not sit like kadi under a tree dispensing justice according to considerations of individual expediency" in the case of Terminiello v Chicago (1949) 337 US 1 at 11 per Justice Frankfurter.

such was or probably is the view towards the administration of justice in Islam. some may still have the image of Shariah court judge as stated. such views are wrong and are born out of incomplete comprehension of Islamic law.this work is not the place to deliberate upon principles of Islamic law or administration of justice in Islam. it has been shown elsewhere that equity and discretion in Islamic law are governed by systematic rules. and read with understanding.or else you need help.


cha'a said...

i love this post.
as u r always being one.

tintamujahidah said...
This comment has been removed by the author.
tintamujahidah said...

thanks chaa.
you are smarter than me lah.