1  Name of Course Administration of Islamic Law in Malaysia
2 Course Code LAB2013
3 Instructor
4 Rational for the Inclusion of the Course in the Programme To equip the students with the knowledge on the administration of Islamic Law in Malaysia.
5 Semester and Year offered Semester 7 (Year 4)
6 Student Learning Time

Face to face Independent learning Formal Assessment Total
Teacher centered Student Centered Learning Non face to face Revision Assessment Preparation Continuous Assessment Final Exam
Lecture T O

 28

 28  16  20  10  10  12  3

 125

7 Credit Value 3 (125 / 40 = 3.125)
8 Pre-requisite (if any) None
9 Learning outcomes Upon successful completion of this course, students should have the ability to:

  1. analyse the position of Islam and the scope of Islamic law in the Federal Constitution (LO1-C4).
  2. detect legal loopholes in the legal provisions for further improvements (LO4-P1).
  3. identify legal debates related to the Federal Constitution (LO6- A1)
10 Transferable skills Students should be able to develop good written and interpersonal communication skills, teamwork, leadership and problem-solving skills through a process of lectures and tutorials.
11 Teaching-Learning and Assessment Strategy  Teaching-learning strategy:

The course will be taught through a combination of formal lectures, exercises, group work, using authentic materials, informal activities and various textbooks. Practical experience and collaborative teamwork will be fostered throughout the course. The use of examination and internal reporting assessment will assess the student’s ability to apply theoretical concepts in context.

Assessment strategy:

  • Formative
  • Summative
12 Synopsis This course deals with the application and administration of Islamic law in Malaysia. It covers various topics, which include historical background, current administration and prospect of Islamic law in Malaysia. The course will further analyse the constitutional position of Islam and Islamic law, establishment and functions of religious councils, the status of Syariah courts and their structure, power and jurisdictions, the institution of fatwa and the qualifications and functions of Syariah judges and lawyers.

Other matters that will be discussed include the legal effects of Item I of the List II (State List) of the Federal Constitution.  The various enactments of Islamic law, relationship between the Syariah and civil courts and their jurisdictional conflicts.  Analysis will also be made on possible developments based on the current situation.

13 Mode of Delivery Lecture, tutorial, class discussion, mini seminar or presentation.
14 Assessment Methods and Types
  Item Percentage
1. Continuous Assessment 40%
2. Final examination 60%
  Total: 100%
15 Mapping of the Course Learning Outcome/Module to the Programme Learning Outcomes Refer to attachment
16 Content Outline and the SLT per Topic

Week Topic
1 Historical Background of Islamic Law in Malaysia
2-3 Position of Islam and Islamic Law in The Malaysian Legal System since Merdeka
4 Administration of Islamic Religious Affairs and Law
5 Islamic Law in Syariah Courts 1
6-7 Islamic law in Civil Courts and Jurisdictional Conflict  2
8-9 Syariah Judges
10 Position of Fatwa in the Malaysian Legal System
11-12 Representation in Syariah Court
13 Administration of  Muamalat in the Law of Malaysia Definition and scope
14 Future of the Administration of Islamic Law

*Note: Total = 125 hours

17 Main references
  1. Abdul Samat Musa, “Islam as the Official Religion of Malaysia” and “The Administration of Islam and Islamic Law” in The Encylopedia of Malaysia, Vol. 10, Editions Didier Millet, Singapore, 2005.
  2. Abdul Samat Musa. 2003. “An Overview of the Historical Background of Islamic Law and Its Administration Under the Federal Constitution” in Studies in Syariah and Law. Kuala Lumpur : Fakulti Syariah dan Kehakiman KUIM.
  3. Farid Sufian Shuaib et. al. 2001. Administration of Islamic Law in Malaysia : Text and Material. Kuala Lumpur: Malayan Law Journal

Related cases

18 Additional references
  1. Ahmad Ibrahim & Ahilemah Joned. 1995. The Malaysian Legal System. Kuala Lumpur: Dewan Bahasa & Pustaka
  2. Farid Sufian Shuaib. 2003. Powers and Jurisdiction of Syariah Courts in Malaysia. Kuala Lumpur: Malayan law Journal
  3. Mahmud Saedon Awang Othman. 1990. Kadi: Perlantikan, Perlucuran dan Bidang Kuasa. Kuala Lumpur: DBP.
  4. Wahbah al-Zuhaili. 1995. Tarikh al-Qada’ fi al-Islam. Beirut: Dar al-Fikr

COURSE LEARNING OUTCOMES, DELIVERY AND ASSESSMENT TEMPLATE

Course Learning Outcomes Compliance to PO Teaching & Learning Activities (TLAs) Assessment Tasks (ATs)
 

PO1

LO1

PO2

LO2

PO3

LO3

PO4

LO4

PO5

LO5

PO6

LO6

PO7

LO7

PO8

LO8

PO9

LO9

   
  K CTPS CS TS EM LL     KK LS    
1- analyse the position of Islam and the scope of Islamic law in the Federal Constitution (LO1-C4) 3                 Classroom lecture and discussion

Group presentation

Written test

Oral evaluation by instructor

2- detect loopholes in the legal provisions for further improvements (LO4-P1)       3            

Group

presentation

Group research

Instructor evaluation of the presentation

Written test

Assignment

3- To identify legal debates related to the Federal Constitution (LO6- A1)           3       Case review

Group presentation

Instructor  and peer evaluation

Written test