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1 Malaysian J. Syariah & L. [i] (2009)

handle is hein.journals/mlsnjl1 and id is 1 raw text is: KBTUA HAKIM NEGARA CHIEF JUSTICE MAHKAMAH PERSEKITUIAN FEDERAL COURT MALAYSIA MALAYSIA FOREWORD A slate as thirty years ago, one would not find articles on civillaw (I am using the term to mean non-Shariah law applicable in Malaysia) and Islamic law, articles containing comparisons of the two laws on the same subject, not even articles written by civil law lawyers and Shariah scholars,in the samevolume.Civil lawlawyers would write in English on purely civil law issues and publish them in law journals or books. Shariah scholars, at least in Malaysia, would write,more often, compile materials on religious subjects, especially pertaining to ibadah.They do not write academic articles the way civil law lawyers do, what more in English. This is partly due to the fact that civil lawyers do not know Islamic law and Islamic Scholars do not know civil law. Because of this ignorance and misconceptions, civil law lawyers considered Islamic law as outdated, Arab-based, draconian religious law which some Islamic extremists were trying to re-establish.The Islamic Scholars andustazs, on the other hand brushed aside civil law as man-made law that is sinful to follow or even as the law of the unbelieversi However, such negative perceptions are changing.The civil law lawyers and the Islamic Scholars have now opened up their minds, ears and eyes and are learning the other lawand comparing it with the law that they are familiar with. This is spearheaded by universities that offer both civil andIslamiclaw subjects. As a result we now have graduates who are proficient in English, Malay and Arabic, who are exposed to both the civil and Islamic laws and who see the similarities, the fact that both laws complement each other that satisfies the demands of the religion and the modern world. A glaring example is in the area of banking,takaful and finance.Islamic banking, takaful and Islamic finance is nothing but an Islamised Palace ofJustice, Presint 3, 62506 Putrajaya

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