How do Quranic and Sunnah principles interact with Malaysian law?

Question

Accepted Answer

Quranic and Sunnah Principles and Malaysian Law

Emeritus Professor Datuk Dr Shad Saleem Faruqi posits that laws contradicting the Federal Constitution are void, and similarly, those that go against the main sources of Islamic law—the Quran and Sunnah—would also be considered void. He further clarifies that Islamic law does not hold precedence over civil legislation in Malaysia, viewing the nation's legal framework as a hybrid or pluralistic system rather than a secular one.
The Voiding of Contradictory Laws

Emeritus Professor Faruqi's assertion suggests a dual hierarchy for legal validity in Malaysia. Just as any legislation found to be in conflict with the Federal Constitution is rendered invalid, so too would laws that diverge from the fundamental tenets of the Quran and Sunnah be deemed null and void. This principle implies a framework where both constitutional supremacy and adherence to core Islamic sources are paramount.
Precedence of Islamic Law

Contrary to a potential assumption of Islamic law's supreme authority, Emeritus Professor Faruqi explicitly states that Islamic law does not take precedence over civil legislation within Malaysia. This perspective indicates that the civil legal system operates independently, with Islamic legal principles acting as a guiding or limiting factor rather than an overarching command structure that supersubordinates civil statutes.
A Hybrid or Pluralistic Legal System

In his analysis, Emeritus Professor Faruqi characterizes Malaysia's legal landscape not as secular but as a hybrid or pluralistic system. This classification acknowledges the co-existence and interplay of different legal traditions, including civil law and Islamic law, within the national framework. Such a hybrid model suggests a complex legal environment where various sources of law contribute to the overall legal order.

Reading history

Hide →

This history is cleared when the page is closed.

How do Quranic and Sunnah principles interact with Malaysian law?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends