Judicial creativity in the Malaysian Shari'ah (Syariah)Courts : the need for paradigm shift
Judicial creativity helps develop law by way of ijtihad. This fact has been proven in various fields of the Shari‘ah. The paper discusses some of these areas and concludes that with the added contribution of qadhis, the Shari‘ah is equally relevant in all spheres of human relations (muamalat) and c...
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| Format: | Article |
| Language: | English |
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American-Eurasian Network for Scientific Information (AENSI), Jordan
2011
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| Online Access: | http://irep.iium.edu.my/15880/ http://irep.iium.edu.my/15880/ http://irep.iium.edu.my/15880/1/najibah.pdf |
| Summary: | Judicial creativity helps develop law by way of ijtihad. This fact has been proven in various fields of the Shari‘ah. The paper discusses some of these areas and concludes that with the added contribution of qadhis, the
Shari‘ah is equally relevant in all spheres of human relations (muamalat) and can solve any socio-legal problem
in times to come. |
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