Dalili Nuradli | UITM DENGKIL (original) (raw)
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Malaysia is known for its dual legal systems which consist of Civil and Syariah laws. Due to that... more Malaysia is known for its dual legal systems which consist of Civil and Syariah laws. Due to that reason, conflict of laws arises in situations like registration of name and birth of a newborn. It appears that although it is an administrative and civil matters, the National Registration Department will look on the issues such as religion and the legitimacy of a child which relates to the religion of Islam. Thus, it leads to the conflict of laws. It is unavoidable that the case will be filed in civil courts since it involves administration and registration process. The approach was taken by the court which is not allowing importation of Islamic law in this issue will result in the decision that contradicts with Islamic principles. This will affect the well-being of the party who seeks justice for their case because Syariah law may say otherwise. Thus, the objectives of this paper are to look at the recent approach taken by our Federal Court and to analyse the case of Jabatan Pendaftaran Negara & Ors v Seorang Kanak-Kanak & Ors (Majlis Agama Islam Negeri Johor, intervener) [2020] MLJU 326. Apart from that, this paper will also highlight several cases within this context. The research methodology of this paper is doctrinal. The information gathered for this research paper is based on secondary sources such as journal articles and case laws. This paper concludes that based on this particular case, it gives a new milestone in sources of laws in Malaysia by relying on Fatwa Kebangsaan to solve the issues relating to Islam. This article also analyses the usage of syariah law to fill the lacuna for matters regarding the religion of Islam in civil cases.
Malaysia is known for its dual legal systems which consist of Civil and Syariah laws. Due to that... more Malaysia is known for its dual legal systems which consist of Civil and Syariah laws. Due to that reason, conflict of laws arises in situations like registration of name and birth of a newborn. It appears that although it is an administrative and civil matters, the National Registration Department will look on the issues such as religion and the legitimacy of a child which relates to the religion of Islam. Thus, it leads to the conflict of laws. It is unavoidable that the case will be filed in civil courts since it involves administration and registration process. The approach was taken by the court which is not allowing importation of Islamic law in this issue will result in the decision that contradicts with Islamic principles. This will affect the well-being of the party who seeks justice for their case because Syariah law may say otherwise. Thus, the objectives of this paper are to look at the recent approach taken by our Federal Court and to analyse the case of Jabatan Pendaftaran Negara & Ors v Seorang Kanak-Kanak & Ors (Majlis Agama Islam Negeri Johor, intervener) [2020] MLJU 326. Apart from that, this paper will also highlight several cases within this context. The research methodology of this paper is doctrinal. The information gathered for this research paper is based on secondary sources such as journal articles and case laws. This paper concludes that based on this particular case, it gives a new milestone in sources of laws in Malaysia by relying on Fatwa Kebangsaan to solve the issues relating to Islam. This article also analyses the usage of syariah law to fill the lacuna for matters regarding the religion of Islam in civil cases.