THE ISLAMIC LEGAL SYSTEM IN MALAYSIA: CHALLENGES AND STRATEGIES

Abstract

It is established that Islam has played a crucial role in the development of Tanah Melayu as evidenced by its progression from a small village to a bustling trade hub in the Nusantara, and ultimately to a fully-fledged nation. Being an all-encompassing religion, Islam came not only as a belief system; it has as well brought positive changes and order in the political, economic and social aspects of Tanah Melayu. In the legal aspect, though Islamic law was used to adjudicate civil and criminal matters at first, the coming of the colonists suppressed its usage and the Common Law was instead, enforced. However, approaching the independence of Tanah Melayu, efforts of the Muslim intellects and reformists have managed to secure the position of Islam in the Federal Constitution. Today, though Islamic law is ensured with exclusive jurisdiction and recognition, its institutions strive to stay pertinent. Coordinating the law at the federal level remains a challenge especially that involving the inheriten power of states over Islam and its law. By using the qualitative method of research methodology, the paper analyses primary and secondary data descriptively by looking into the legal history and development of Islamic law until today. It is found that although Islam and its law are sourced from the supreme law in the country, it has to constantly overcome its challenges to remain relevant and significant. Thus, the paper seeks to look into challenges in administering Islamic law and its institutions. It also suggests some practical strategies toward a standardised and exclusive Islamic legal system in Malaysia.