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Short note on Islamic Law
Short note on Islamic Law
Short note on Islamic Law
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The civil courts from time to time infringed upon the jurisdiction of Syariah Courts before Article 121(1A) of the Federal Constitution was modified by the Constitution (Amendment) Act 1988 (Act A704) which came into force on 10 June 1988. The infringement by the civil court upon the jurisdiction of the Syariah Courts caused vast concern among those interested or involved in the management of Islamic Law. A committee lead by Tan Sri Syed Nasir Ismail was established by the government to look into the position of Syariah Courts and urge measures to raise their status. One of the actions taken as a result of the work of that committee was the accumulation of clause (1A) to Article 121.
In Article 121(1A) of the Federal Constitution, there shall be two High Courts of co-ordinate jurisdiction and rank where the courts listed in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts. The word courts refer to the two High Courts which are High Court Malaya and High Court Sabah and Sarawak in that article. Clause (1A) is obviously to grant exclusive jurisdiction to the Syariah court to arbitrate on any matter that has been lawfully vested by the law within the jurisdiction of the Syariah court. Thus, it takes away from the two High Courts and inferior courts’ jurisdiction over any subject within jurisdiction of the Syariah Courts. It also avoids the civil courts from evaluating decisions of the Syariah Courts.
The ideal approach to be taken in shaping the jurisdiction of the Syariah court is the ‘subject matter’ approach and not the ‘remedy prayed’ approach. As an example, we have to look into the State enactments to see whether or not the Syariah courts have been specifically confe...
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...ed that further referring the issue of validity of the law to the Federal Court under Article 128 of the Federal Constitution, the judgement of the Court of Appeal in Sukma Darmawan may also provide the way out.
The late Justice Harun Hashim through writing seem to accept that a conflict would arise in our legal system in particular reference to abnormal sexual offences and this has been attributed to in one way or another to the introduction of Article 121(1A) of the Federal Constitution. He further emphasized that Islamic law affecting Muslims is within the sole legislative power of the States and show that conflict of laws is an interesting and absorbing subject for academic study and research. This is so because according to him it gives distress on the personal life of a person caught in the web of a difference of laws situation which can be very overwhelming.
Since the dawn of time for a society to work it needs to have a level of structure that applies to everyone and is understood by everyone. Australian legal system is broad and complex. It is the nature of the encompassing laws and regulations which reflect how people, organisations and governments behave on the many different levels of operation and these are created to make sure that everyone understands their rights and obligations. There are two sources of Law in Australia: Statute Law regulated by Parliament and comprise of legislations and acts; and Judge-made Law or Common Law where decisions made by judges are based on previous cases.
The principles, which define the work of juridical branch, are relevant nowadays, as they have proved their effectiveness and managed to gain confidence of population. Texas juridical branch is complex and confusing. According to the principles of the Texas Constitution, six types of courts are established, some of which have simultaneous or overlapping jurisdictions. In accordance with the Texas Constitution of 1876, two high courts were established. In addition, in the traditions of Jacksonian Democracy, all the judges in Texas courts should be ready to compete with electoral politics and take their positions according to the results of partisan elections. This democratic principle of fair elections and respect to the votes of citizens is still applied in the juridical branch of Texas
In United States, there is a dual court system. The dual court system is divided into Federal Courts and State Courts. Each hears different type of cases; neither is completely different of the other. The Constitution of the United States gives powers to the federal courts and reserves the rest for the state.
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
There have been many complaints and theories of how the Supreme Court has a tendency to act as a "supra-legislature" (Woll 153). It is proposed that the Supreme Court takes the
The courtroom is a ritualised space, involving costume, language, spatial organisation and so on, and courts, therefore, constitute performative exercises of power. Discuss some of the ways in which courts demonstrate power and/or power relations.
The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal".
This theory looks at how the sovereign and its officials created the law based on social norms and the institutions (Hart, 1958). However, hard cases such as this makes for bad law, which test the validity of the law at hand based on what the objective of the law was in the first place. The law should not be so easily dismissed just because it does not achieve justice in the most morally sound manner (Hart, 1958). Bentham and Austin understood that there are two errors in the way law is understood, what the law is and what the law should be (Hart, 1958). He knew that if law was to become what humans perceived the law ought to be, the law itself would be lost, but he also recognized that if the opposite was to occur where the law replaced morality, than any man would escape liability and there would be no retribution (Hart, 1958). This theory looks at the point of view of the dissenting judge, Justice Gray, which is that the law is what it is, even if it may conflict with morals. Austin stated that “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry (Hart, 1958).” This case presents the same conflict that Bentham and Austin addressed, that the law based on the statute of the
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
Statutory rape laws are valuable in protecting the rights of minors. Possibly, if the laws were revamped to suit the changing attitudes’ of modern society, the law would be more effective. In place of worrying about the misinterpreted claims of statutory rape, prosecutors can focus on the more crucial cases. With more defined modern guidelines, society would be aware of the laws regarding statutory rape and some more pleased. Statutory rape laws are no longer used to prohibit teenagers from having sex. Instead, the regulations are to make certain that the teenagers who are having sexual intercourse are not unknowingly being emotionally forced into it by their significantly older partner’s power. Ideally, statutory rape laws can only improved the lives of teenagers.
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important key principle of the UK constitution parliament is the supreme legal authority in the UK. Parliament can create, change or repeal any law and generally speaking the judiciary cannot overrule legislation that has been passed by parliament.
The American scholars discovered how the relationship between law and society, involves a broad range of disciplines like science, politics, linguistics, history, philosophy etc. these writings further influenced the legal and social scholars and resulted in the birth of social jurisprude...
Every religious sect has its own traditions and historical rituals that they abide to. In religions, almost everything has significance to it. And anyone concerned about the future of his/her religion, will continue to ensure that these traditions are followed, to preserve their own way of life. Now, most countries have religious freedom clauses in their constitutions that state that anyone living on their soil has the right to practice the religion of their choice. Now this might seem a minuscule fact for someone of a common religion, but to someone of a minority religion, this is all the protection they have from the legal system. This paper is only a taste of the justices and injustices that Rastafarians have faced in legal systems across the globe. Some instances a loophole for the "misfortunate", others an outcry from the oppressed.
Sheikh, Danish. “The Road to Decriminalization: Litigating India's Anti-Sodomy Law.” Yale Human Rights and Development Journal. 16.1 (2014): 104-132. Web. 12 Apr. 2014. .