Civil Law & Shariah Law in Malaysia

Malaysia is a multicultural country, with a diverse population that includes a significant Muslim population. As a result, the legal system in Malaysia operates on two parallel tracks - the civil law system, which is based on the British common law system, and the Shariah law system, which is based on Islamic law.

Civil law in Malaysia is the legal system that is applied to all citizens regardless of their religion. It covers matters such as contracts, property, torts, and criminal law. The civil law system in Malaysia is heavily influenced by the British common law system, and many of the legal concepts and procedures used in Malaysia are similar to those used in other common law jurisdictions such as the United Kingdom, Australia, and Canada. The civil courts in Malaysia are responsible for enforcing civil law, and the decisions of the courts are binding on all citizens of Malaysia.

On the other hand, Shariah law in Malaysia applies specifically to Muslims, and deals with matters that are not covered by the civil law system. These matters include personal status, such as marriage, divorce, and inheritance, as well as religious matters such as Islamic finance and banking. Shariah law is based on the principles of the Quran and the Hadith, and the decisions of the Shariah courts are also binding on all Muslims in Malaysia.

The Shariah courts in Malaysia operate alongside the civil courts, and are responsible for applying Shariah law in matters related to Muslims. The Shariah courts have jurisdiction over all matters of Islamic law, and their decisions are final and cannot be challenged in the civil courts. However, the Shariah courts do not have the power to enforce their decisions, and rely on the civil courts to enforce their decisions.

One of the key differences between civil law and Shariah law in Malaysia is the role of religion in the legal system. While civil law is a secular system that applies to all citizens regardless of their religion, Shariah law is based on Islamic principles and applies only to Muslims. This means that there can be significant differences in the legal rights and obligations of Muslims and non-Muslims in Malaysia.

Another key difference between civil law and Shariah law in Malaysia is the legal procedures used in each system. While civil law is based on a system of laws and precedents, Shariah law is based on principles of Islamic jurisprudence, which can be interpreted in different ways by different scholars. This can lead to differences in the way that Shariah law is applied in different parts of the country, and can make it difficult to establish clear and consistent legal standards.

In conclusion, civil law and Shariah law are two parallel legal systems that operate in Malaysia. While civil law applies to all citizens regardless of their religion, Shariah law applies specifically to Muslims, and is based on Islamic principles. While there are significant differences between the two legal systems, they both play an important role in the legal landscape of Malaysia, and help to ensure that the rights and interests of all citizens are protected under the law.