ISLAMIC LAW

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ISLAMIC LAW by Mind Map: ISLAMIC LAW

1. Islamic Law falls under List II (State List) Ninth Schedule of the Federal Constitution.

2. PRIMARY SOURCES

2.1. Al-Quran

2.2. Al- Sunnah

3. SECONDARY SOURCES

3.1. IJMAK ( CONSENSUS )

3.2. IJTIHAD ( ANALOGY )

3.3. QIYAS ( DEDUCTION )

3.4. ISTIHSAN ( EQUITY )

3.5. Al-Mursalah wal mursaleh ( Common or Public Good)

4. ISLAM UNDER FEDERAL CONSTITUTION OF MALAYSIA

4.1. Article 3 of the Federal Constitution merely states that Islam is the official religion of the Federation. This does not equate to Malaysia being an Islamic State.

4.1.1. CASE: Che Omar bin Che Soh v PP

4.1.2. In that case, an accused argued that since Islam is the religion of the Federation under Article 3(1), the imposition of the death penalty for his offence, not being a "HUDUD" according to Islamic Law, is contrary to Islamic injunction, and therefore unconstitutional and void.

4.2. Article 11(4) of the FC states that: "State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of islam."

4.3. Article 12(3) states: No person shall be required to receive instruction on or to take part any ceremony or act worship of a religion other than his own.

4.4. Article 12(4) provides: The religion of a person under the age of eighteen years shall be decided by his parent or guardian.

4.4.1. CASE: Teoh Eng Huat v Kadhi of Pasir Mas Kelantan & Anor { 1990 }2 CIJ 11

4.4.2. On the issue of whether a person below 18 years had legal capacity to choose her own religion in exercise of her constitutional right. The Supreme Court held that the law applicable to infant is the civil law and hence the right of religious practice of the infant shall be exercised by the guardian on her behalf until she becomes major.

5. ADMINISTRATION OF ISLAMIC LAW

5.1. MAJLIS AGAMA ISLAM

5.1.1. Responsible for all matters regarding Islamic religion except Islamic law and administration of justice. Advise Ruler/YDPA on all matters regarding Islam. Day to day operation run by Department of Religious Affair.

5.2. MUFTI

5.2.1. Appointed by Ruler/YDPA on advice of minister in PM's Department responsible for Islamic Affairs. Make or publish in Gazzette fatwa on any unsettled or controversial question of or concerning Islamic Law.

5.3. OTHERS

5.3.1. Islamic Legal Consultative Committee.

5.3.2. Prosecution and Religious Enforcement.

5.3.3. Baitulmal

5.3.4. Mosques

5.3.5. Pusat Zakat

5.3.6. Religious Teaching Advisory Committee.