If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance

Malaysia adopts the principle of separation of powers where the function of the legislature is to enact laws, the executive to govern in accordance with the law and the court to decide disputes and to apply the law. It is an aberration when the law provides that a court of law has to revert to a b...

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Main Author:	Shuaib, Farid Sufian
Format:	Article
Language:	English
Published:	Ankara Yildirim Beyazit University 2017
Subjects:	HG3368 Islamic Banking and Finance K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/61518/ http://irep.iium.edu.my/61518/ http://irep.iium.edu.my/61518/1/Art_Farid_PrimacyOfSAC_AYBU_JournalWhole_2017.pdf

id	iium-61518
recordtype	eprints
spelling	iium-615182018-01-17T03:44:42Z http://irep.iium.edu.my/61518/ If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance Shuaib, Farid Sufian HG3368 Islamic Banking and Finance K Law (General) KBP Islamic Law Malaysia adopts the principle of separation of powers where the function of the legislature is to enact laws, the executive to govern in accordance with the law and the court to decide disputes and to apply the law. It is an aberration when the law provides that a court of law has to revert to a body of scholars in determining what the law in deciding disputes between parties is. However, this occurs in Malaysia in the area of Islamic finance where the law establishes a Shariah Advisory Council consisting of scholar of Islamic finance under the auspices of the Malaysian Central Bank. The decision of the Shariah Advisory Council is final and binding upon any arbitration bodies and courts. This paper adopts a doctrinal analysis approach in examining this issue from the perspective of the constitution and the legal system, and seeks to reconcile this aberration with the reality of the practice of law and the practice of Islamic finance in Malaysia. The paper then examines alternative to this mechanism. Ankara Yildirim Beyazit University 2017 Article PeerReviewed application/pdf en http://irep.iium.edu.my/61518/1/Art_Farid_PrimacyOfSAC_AYBU_JournalWhole_2017.pdf Shuaib, Farid Sufian (2017) If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance. Journal of Commercial and Intellectual Property Law, 3 (2). pp. 105-112. ISSN 2149-4576 http://www.ybu.edu.tr/hukuk
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	HG3368 Islamic Banking and Finance K Law (General) KBP Islamic Law
spellingShingle	HG3368 Islamic Banking and Finance K Law (General) KBP Islamic Law Shuaib, Farid Sufian If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance
description	Malaysia adopts the principle of separation of powers where the function of the legislature is to enact laws, the executive to govern in accordance with the law and the court to decide disputes and to apply the law. It is an aberration when the law provides that a court of law has to revert to a body of scholars in determining what the law in deciding disputes between parties is. However, this occurs in Malaysia in the area of Islamic finance where the law establishes a Shariah Advisory Council consisting of scholar of Islamic finance under the auspices of the Malaysian Central Bank. The decision of the Shariah Advisory Council is final and binding upon any arbitration bodies and courts. This paper adopts a doctrinal analysis approach in examining this issue from the perspective of the constitution and the legal system, and seeks to reconcile this aberration with the reality of the practice of law and the practice of Islamic finance in Malaysia. The paper then examines alternative to this mechanism.
format	Article
author	Shuaib, Farid Sufian
author_facet	Shuaib, Farid Sufian
author_sort	Shuaib, Farid Sufian
title	If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance
title_short	If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance
title_full	If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance
title_fullStr	If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance
title_full_unstemmed	If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance
title_sort	if you don’t trust judges, let the scholars decide: the primacy of the malaysian shariah advisory council on islamic finance
publisher	Ankara Yildirim Beyazit University
publishDate	2017
url	http://irep.iium.edu.my/61518/ http://irep.iium.edu.my/61518/ http://irep.iium.edu.my/61518/1/Art_Farid_PrimacyOfSAC_AYBU_JournalWhole_2017.pdf
first_indexed	2023-09-18T21:27:16Z
last_indexed	2023-09-18T21:27:16Z
_version_	1777412274822053888

If you don’t trust judges, let the scholars decide: The primacy of the Malaysian shariah advisory council on Islamic finance

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