Malaysian Journal of Syariah and Law (Jun 2024)

Editorial Foreword

  • Tun Abdul Hamid Haji Mohamad

Journal volume & issue
Vol. 1, no. 1

Abstract

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As late as thirty years ago, one would not find articles on civil law A (I am using the term to mean non-Shariah law applicable in Malaysia) and Islamic law, articles containing comparisons of the two laws on the same subject, not even articles written by civil law lawyers and Shariah scholars, in the same volume. Civil law lawyers would write in English on purely civil law issues and publish them In law journals or books. Sharilah scholars, at least in Malaysia, would write, more often, compile materials on religious subjects, especially pertaining to "ibadah". They do not write academic articles the way civil law lawyers do, what more in English. This is partly due to the fact that civil lawyers do not know Islamic law and Islamic Scholars do not know civil law. Because of this ignorance and misconceptions, civil law lawyers considered islamic law as outdated, Arab-based, draconian religious law which some Islamic extremists were trying to re-establish. The Islamic Scholars and "ustazs", on the other hand brushed aside civil law as man-made law that is sinful to follow or even as the law of the unbelievers!

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