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    Undang-Undang Melaka (Malacca Laws) and It Is Still Embodied Into Our Current Parallel Legal System

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    Nuratiah Zakaria
    The document discusses the development of Islamic law of evidence in Malaysia from 1952 to the present. It outlines three phases: 1) In 1952, provisions on evidence were incorporated into the Administration of Muslim Law Enactment in Selangor and other states, setting rules for witnesses and oaths/affirmations. 2) In 1989, laws dealing with evidence were separated from the Administration of Muslim Law Enactment. 3) Currently, there are different models for Islamic evidence laws across different Malaysian states, with variations in topics covered and organization. The Federal Territories model is the existing national act.

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    Undang-Undang Melaka (Malacca Laws) and It Is Still Embodied Into Our Current Parallel Legal System

    Uploaded by

    Nuratiah Zakaria
    47 views2 pages
    The document discusses the development of Islamic law of evidence in Malaysia from 1952 to the present. It outlines three phases: 1) In 1952, provisions on evidence were incorporated into the Administration of Muslim Law Enactment in Selangor and other states, setting rules for witnesses and oaths/affirmations. 2) In 1989, laws dealing with evidence were separated from the Administration of Muslim Law Enactment. 3) Currently, there are different models for Islamic evidence laws across different Malaysian states, with variations in topics covered and organization. The Federal Territories model is the existing national act.

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    EPS.docx

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    The document discusses the development of Islamic law of evidence in Malaysia from 1952 to the present. It outlines three phases: 1) In 1952, provisions on evidence were incorporated into the Administration of Muslim Law Enactment in Selangor and other states, setting rules for witnesses and oaths/affirmations. 2) In 1989, laws dealing with evidence were separated from the Administration of Muslim Law Enactment. 3) Currently, there are different models for Islamic evidence laws across different Malaysian states, with variations in topics covered and organization. The Federal Territories model is the existing national act.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views2 pages

    Undang-Undang Melaka (Malacca Laws) and It Is Still Embodied Into Our Current Parallel Legal System

    Uploaded by

    Nuratiah Zakaria
    The document discusses the development of Islamic law of evidence in Malaysia from 1952 to the present. It outlines three phases: 1) In 1952, provisions on evidence were incorporated into the Administration of Muslim Law Enactment in Selangor and other states, setting rules for witnesses and oaths/affirmations. 2) In 1989, laws dealing with evidence were separated from the Administration of Muslim Law Enactment. 3) Currently, there are different models for Islamic evidence laws across different Malaysian states, with variations in topics covered and organization. The Federal Territories model is the existing national act.

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    Question:

    Discuss the codification of Islamic law of evidence in Malaysia after independence until nowadays./

    Discuss the development of Islamic law of evidence in Malaysia from 1952 and its codification

    (similarities and differences) until nowadays.

    Answer:

    Islamic Law is believed to be well established and accepted long before the first codification of

    Undang-undang Melaka (Malacca Laws) and it is still embodied into our current parallel legal system

    (sharia and civil law) in Malaysia. One may agree with the argument that if colonization had not been

    responsible for the introduction and application of English law in Malaysia, Islamic law would have

    become the law of the state.1 This is what happened in the case of Re Goods of Abdullah2 where Muslim

    disposed the entire property has been declared as valid whereas a Muslim actually can only disposed his

    property up until one third but then came the English Law and

    Nevertheless, it had been a long way before our current existing Islamic law came into the picture

    and its historical development can be seen actively started from 1952. There were 3 development phase

    of Islamic law of evidence in Malaysia from 1952 until nowadays. Each of the phase highlighted the

    change occurred in the Islamic law and how it then evolved until now.

    The first phase was at the year of 1952 when the provision on evidence has been incorporated in

    the Administration of Muslims Law Enactment in each state. The surfacing of the Administration of

    Muslim Law Enactment in Selangor which stated in its Section 53 specifically deals with evidence was

    followed by the other states not long after that. Section 53 of Administration of Muslim Law Enactment

    in Selangor stated;

    1
    Bidin A. Law reform and corporate governance in Malaysia. In: Peerenboom R, Gillespie J, editors. Regulation in
    Asia: pushing back on globalization; 2009.
    2
    (1835) 2 Ky. Ecc. Rs 8
    (1) The Court shall observe all provisions of Muslim Law relating to the number, status or quality of

    witnesses or evidence required to prove any fact. Save as aforesaid, the Court shall have regard to the

    law of evidence for the time being in force in the Malay State, and shall be guided by the principles

    thereof, but shall not obliged to apply the same strictly.

    (2) Evidence shall be ordinarily given on oath in a form binding upon Muslims, but the Court may on

    special grounds dispense with an oath and take evidence on affirmation. An affirmation shall be in the

    form: “I……………… (Name) solemnly affirm that my evidence shall be the truth, the whole truth and

    nothing but the truth”. Whether on oath or on affirmation a witness shall be bound to state the truth.”

    This provision had been followed and incorporated by the other state such as Terengganu in 1955 by

    virtue of its Section 33 of Trengganu Administration of Islamic Law Enactment. Melaka, in 1959 s.49

    Penang, 1959

    The second phase was in 1989 where the law dealing with evidence was separated from the

    Administration of Muslim Law Enactment .

    Model of Kedah, there is no provision on examination of witnesses as compared to other states • Eg:

    section 91 of FT Act.

    Model of Kelantan • Arrangement of section = FT Act with slightly different in term of its construction of

    sentence. • Specific section on a no of witness for zina case while in other states, this section is absent.

    Model of Perak • Some provisions followed Kelantan model with some additional sections dealing with

    public document and a document produced by a computer. • Provision relating to evidence given by the

    witness – 6 sections only while in other states – 11 sections.

    Model of FT • Existing act.

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