Harmonisation of shari‘ah and law: approaches and progress

• Other Authors: Mohd Zin, Najibah
• Format: Book
• Language: English
• Published: Harun M Hashim Law Centre, IIUM 2023
• Subjects: BPK125.2 Harmonisation of Shari’ah and law
• Online Access: http://irep.iium.edu.my/106439/1/106439_Harmonisation%20of%20shari%E2%80%98ah%20and%20law.pdf; http://irep.iium.edu.my/106439/

This book is a collection of articles enlisting the expertise and experiences of lecturers from Ahmad Ibrahim Kulliyyah of Laws from various legal disciplines by using harmonisation of laws as the central theme. In accommodating diverse approaches of the law, the book is divided into several parts, namely methodology of harmonisation; family, land and property law; criminal law and evidence; and health and Islamic legal system. The novelty of this book is that it speaks to a wide range of themes with one voice that tries to link the legal theory to practice by using harmonisation of laws as the methodological tools in searching for the best approach principles. This is practically relevant in a legal system with dual jurisdictions such as Malaysia, where conflict of law is bound to happen. Thus, conceptualizing comparative analysis, expounding the concept of wasatiyyah as a balanced approach and selecting preferred approach principles are among the methodological tools that could be useful in achieving peace, just and balanced law. The literatures on family, land and property matters focus on localized legal issues by analysing conflicting civil and Shari‘ah laws and exploring their compatibility in reconciling the conflicts. The discussion is geared towards conceptualizing Shari‘ah law as dynamic and the preferred option as a practical legal solution. Apart from looking into Shari‘ah as the main focus, the literatures explore the possibility of benchmarking with other Western legal systems in the aspect of procedural law in searching for a better solution to the legal proceedings. This study is useful in widening the scope of harmonisation of laws so as not to confine to civil and Shari‘ah law solely but accepting any legal solutions in promoting just and balanced law which is the cornerstone in any legal system, including Shari‘ah law. This book owes abundantly to the generous contributions of a team of various legal experts at the Ahmad Ibrahim Kulliyyah of Laws who have pooled their efforts to produce the book of its kind, tapping on harmonisation of laws as a niche. By examining contemporary global and local aspects of law, the findings are significant in providing useful resources for future reform of Malaysian law. Special thanks to Dr. Nadhilah A.Kadir for her assistance in formatting the chapters. Besides, this book is not only significant to commemorate the 40th Anniversary of the University but more importantly to acknowledge the inception of Ahmad Ibrahim Kulliyyah of Laws where the idea of Harmonisation was pioneered.