E-Jurnal

PENGHAKIMAN MAHKAMAH SYARIAH MALAYSIA: ANALISIS KES-KES TERPILIH*. E-Jurnal

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Article’s objective is to analyse decisions of the Shariah Courts
in Malaysia from the perspective of case law reporting on
its judgment with particular interest to observe the tendency,
challenges and problems faced by these courts while delivering
judgement. Analysis is made to cases reported in the Jurnal
Hukum published by Department of Shariah Judiciary Malaysia
(JKSM) and Syariah Law Reports published by LexisNexis in the
year 2012 as sampling. From the cases analysed it was found that
the Shariah judges are prepared to make orginal interpretation
in matters relating to procedure but would rely normativelyon the Islamic Shariah in substatantive matters, although the
provisions of the law allow the court flexibility to be innovative.
It is also found that the courts in the judgment include additional
discussion to the main issue or question of the case which is
probably not relevant. Shariah judges also follow and refer the
decisions or interpretation of cases reported and this solidifies
the position that Shariah Courts do practice the principle of
binding precedent.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

hukum syariah

Penerbit

: jurnal syariah., 2021

Deskripsi Fisik

p 509-534

Bahasa

Indonesia

ISBN/ISSN

0128-6730

Klasifikasi

hukum syairah

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

Jil. 29, Bil. 3

Subjek

Hukum Syariah

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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