TATACARA GELEDAH MENURUT UNDANG UNDANG ISLAM DAN UNDANG UNDANG DI MALAYSIA (original) (raw)
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Studies relating to the weaknesses of the civil procedures in particular on the process of fasakh litigation are still relevant for review and debate. This is due to the fact that there have been complaints and reports lodged by the public over the delay in hearing of fasakh claims under provisions relating to civil procedures. Therefore, the case study was conducted to find out the extent of the issues as a result of the civil procedure in fasakh cases based on three methods of data collection namely observation, interviews and documentation. The results clearly showed that indeed there are factors in the delay of cases involving civil procedures. Whereby, the researcher suggests certain recommendations based on the data collected.
Menurut istilah syarak, Faraidh adalah pembahagian harta seorang Islam yang telah meninggal dunia sama ada beliau meninggalkan wasiat atau tidak sebelum kematiannya.Ilmu faraidh ialah ilmu yang membicarakan tentang waris-waris yang berhak terhadap harta pusaka dan kadar yang wajib bagi setiap waris yang berhak itu. DEFINISI HARTA PUSAKA : Al-Tarikah ialah segala sesuatu yang ditinggalkan oleh si mati termasuklah harta benda dan hak-hak kebenaran seperti hak manfaat ke atas barang yang disewa. Harta yang termasuk dalam pusaka ialah harta yang diperolehi oleh seseorang semasa hayat secara halal dengan cara :
KELUAR AGAMA ISLAM DI MALAYSIA: PERMASALAHAN DARI SUDUT UNDANG-UNDANG
The diversity of the legal provisions relating to renunciation of religion of Islam in Malaysia exists due to the different states legislations. Even some states do not have any provision for that matter. On the other hand, Shariah High Court in most of the states have been given the jurisdiction to declare Muslim status on religion but the power cannot be exercised effectively as there is no clear guidelines and laws governing it. For example, there is a case in Federal Territory which has been cancelled not because of the substance of the case but the applicant failed to observe the procedural law in filing the case. In Penang, the judge in Siti Fatimah Tan case had decided that she was not a Muslim after hearing the case without the attendance of the defendant. In one previous study also shows that the problem also occurs in Selangor that the Shariah Court cannot exercise the power to declare the religious status because there is no clear procedural rule governing that matter. Unlike in Sabah and Malacca, in order to renounce Islam, the applicant will be sent to the Faith Rehabilitation Centre for a specific period of time for a counseling session to persuade the applicant to repent even though the procedures of the implementation is still unclear. Perak, Pahang and Terengganu have made the act of renouncing Islam an offence punishable under the law. Only Negeri Sembilan provides the processes to be followed regarding this issue. The provision in Negeri Sembilan seems to facilitate the Shariah court on the processes to be followed if application were made. This article seeks to examine the varieties of laws to identify the real problems and subsequently initiate suggestions to improve the existing laws.
UNDANG-UNDANG PEMELUKAN ISLAM DI MALAYSIA
Jurnal Syariah, Jil. 26, Bil. 3, 2018
In recent years, questions have been raised involving welfare and education of converts in Malaysia particularly on how they are managed by the religious authorities and whether there is sufficient resources to assist with their needs. The aim of this article is to study the existing legislation relating conversion into Islam in Malaysia. All states' provisions are examined using descriptive method. It is found that specific provisions on conversion into Islam under the enactment of administration of religion of Islam are available though there are some differences on certain matters. Even so, the standard four main elements are registration procedures, obligations, rights of converts and the status of the children of converts. The study also found that even these matters were allocated in the state provisions, they are still insufficient to solve certain problems facing the converts. Some recommendations are highlighted to improve the management of the converts.
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This article tries to analyze the methodology of promulgation of the Islamic Law of Evidence in Malaysia. It focuses on the principles of bayyinah, syahadah and qarinah. Since the structure of the law originates from the Evidence Act 1950, which is mainly based on the principles of evidence in English common law, several modifications and insertions have to be performed through the methodology of Islamic Jurisprudence or Usul al-Fiqh. Various suggestions have been put forward in this article to ensure that the position of bayyinah, syahadah and qarinah are correctly placed in the respective law.