A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia

The International Human Rights Treaties that have been ratified by Malaysia are not prejudicial to the Syariah and Islamic Religious legislations made by Federal legislature and State legislature. International instruments cited by some quarters to be the basis for declaring Syariah and its legislat...

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Main Author:	Mokhtar, Khairil Azmin
Format:	Book Chapter
Language:	English
Published:	IIUM Press 2009
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/6618/ http://irep.iium.edu.my/6618/ http://irep.iium.edu.my/6618/1/A_Constitutional_Perspective_on_the_Legal_Effect_of_International_Laws_and_Treaties_on_Syariah_in_Malaysia.pdf

id	iium-6618
recordtype	eprints
spelling	iium-66182015-01-13T10:14:50Z http://irep.iium.edu.my/6618/ A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia Mokhtar, Khairil Azmin K Law (General) The International Human Rights Treaties that have been ratified by Malaysia are not prejudicial to the Syariah and Islamic Religious legislations made by Federal legislature and State legislature. International instruments cited by some quarters to be the basis for declaring Syariah and its legislations void due to their 'inconsistency' or 'in conflict' with international law on human rights are not binding on the Malaysian court and on executive and legislative bodies in the country. International law cannot override the Federal Constitution, which is the supreme law of the land. International laws and international treatise and conventions must be adopted as long as they are not in conflict with the Syariah as well as religious values and norms of other religion practiced in Malaysia. This is in line with the Rukun Negara which states that 'Belief in God' as one of the pillars of the nation. The view has been recognized by the Malaysian court in a recently decided case. IIUM Press 2009 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/6618/1/A_Constitutional_Perspective_on_the_Legal_Effect_of_International_Laws_and_Treaties_on_Syariah_in_Malaysia.pdf Mokhtar, Khairil Azmin (2009) A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia. In: Proceedings of the Seminar on research Findings 2008. IIUM Press, Kuala Lumpur, pp. 53-61. ISBN 9789833855780 http://rms.research.iium.edu.my/bookstore/Products/115-wwwgooglecom.aspx
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Mokhtar, Khairil Azmin A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia
description	The International Human Rights Treaties that have been ratified by Malaysia are not prejudicial to the Syariah and Islamic Religious legislations made by Federal legislature and State legislature. International instruments cited by some quarters to be the basis for declaring Syariah and its legislations void due to their 'inconsistency' or 'in conflict' with international law on human rights are not binding on the Malaysian court and on executive and legislative bodies in the country. International law cannot override the Federal Constitution, which is the supreme law of the land. International laws and international treatise and conventions must be adopted as long as they are not in conflict with the Syariah as well as religious values and norms of other religion practiced in Malaysia. This is in line with the Rukun Negara which states that 'Belief in God' as one of the pillars of the nation. The view has been recognized by the Malaysian court in a recently decided case.
format	Book Chapter
author	Mokhtar, Khairil Azmin
author_facet	Mokhtar, Khairil Azmin
author_sort	Mokhtar, Khairil Azmin
title	A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia
title_short	A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia
title_full	A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia
title_fullStr	A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia
title_full_unstemmed	A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia
title_sort	constitutional perspective on the legal effect of international laws and treaties on syariah in malaysia
publisher	IIUM Press
publishDate	2009
url	http://irep.iium.edu.my/6618/ http://irep.iium.edu.my/6618/ http://irep.iium.edu.my/6618/1/A_Constitutional_Perspective_on_the_Legal_Effect_of_International_Laws_and_Treaties_on_Syariah_in_Malaysia.pdf
first_indexed	2023-09-18T20:15:40Z
last_indexed	2023-09-18T20:15:40Z
_version_	1777407770936475648

A constitutional perspective on the legal effect of international laws and treaties on Syariah in Malaysia

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