Islamic Law of Evidence by DrSyukran https://padlet.com/drsyukran/ILA Made with good vibes en-us 2019-03-21 04:07:49 UTC 2025-11-13 00:36:27 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Prizecup.png Activity 1: The Impact of Conquest towards Islamic Law in Malaysia https://padlet.com/drsyukran/ILA/wish/343625202 2019-03-21 04:13:42 UTC https://padlet.com/drsyukran/ILA/wish/343625202 https://padlet.com/drsyukran/ILA/wish/343626415 1)Elliana Faten binti Ahmad 1162150
2)Nur Adibah binti Hussein 1162149
3)Dg. Norsakinah binti Ahmad 1162152
4)Umi Umairah binti Rupawon 1162154
5)Siti Maryam binti Annuar 1162148
6)Siti Aishah binti Zulkifle 1162159
7)Noori Sufiyya binti Mazlan 1162160
8)Nur Atiqah binti Mohd Aisa 1162158
9)Elissa Hanis binti Ezudin 1162153
10)Syauqi Mardia bin Baharuddin 1162161

The impacts:
• The separation between administrative law and islamic law.
• Islamic Law become inferior to English Law
• Interference of the existing law 
• The codification of Common Law ]]> 2019-03-21 04:22:27 UTC https://padlet.com/drsyukran/ILA/wish/343626415 https://padlet.com/drsyukran/ILA/wish/343626563 HUSNA BINTI AZMAN
NURAZIRA BINTI HASNAN
UMMI ALIAA BINTI ALI
NASUHA BINTI BADRUL DIN
NORAININA BINTI OSMAN
SITI NORAFIYAH BINTI SUBAHUDIN
NUR SABRINA HUDA BINTI MUHD NASARRUDDIN
NUR NAJLA SYAKIRAH BINTI JAFRY
NURAZIEAH FAIZMAH BINTI FOWZI 
ALIAH BINTI ABD JALIL

After the conquest of British, there was the separation between religious government administration matters. The application of the Islamic law of evidence was limited to the certain circumstances. On the certain circumstances, the english law will apply in the Islamic matters. This leads to the judciary conflict between islamic and English law, thus resulting to the separation made in Art 121(A) of the Federal Constitution. This provisions stipulates on the separation between civil court and syariah court. This articles shows the exclusive jurisdiction possessed by the syariah court.

]]> 2019-03-21 04:23:39 UTC https://padlet.com/drsyukran/ILA/wish/343626563 https://padlet.com/drsyukran/ILA/wish/343626895 2019-03-21 04:26:15 UTC https://padlet.com/drsyukran/ILA/wish/343626895 Activity 1 https://padlet.com/drsyukran/ILA/wish/343626918

1. Hamzah bin Ahmad Bashir 
2. Wan Muhammad Muizuddin Bin Yaacob 
3. Mohd Amiruldin bin Roslan 
4. Nazira binti Abd Salim 
5. Wan Auni Aqilah binti Abd Hamid 
6. Narisha Nur Hida binti Nadzir 
7. Norisha Juliana binti Abdul Haris 
8. Raudatul husna binti Abdul Kadir
 ]]> 2019-03-21 04:26:19 UTC https://padlet.com/drsyukran/ILA/wish/343626918 https://padlet.com/drsyukran/ILA/wish/343627120 1) wan siti khadijah habibah bt wan husin 1162191
2) ku nur syakirah bt ku mohd akhir 1162187
3) Nor Karmila Roslan 1162969
4) Nurul Adilla Aryani binti Mat Deris 1162186
5) Tuan Fatiem Nabila binti Tuan Mohd Jaffar 1162192
6) Nurusysyuhada binti Ibrahim 1160585
7) Wan Nur Athirah Izzati binti Wan Zuhaimi 1162193
8) Wan Nasreen Syaza binti Wan Mohamad Nasir 1162194
9) Siti Nadiah Auni Basirah binti Mohd Bakri 1162495
10) Fitriah Rabihah binti Mat Zahari 1162975
11) wan nur afifah bt che bakar 1162973

1. With the coming of the British and their influence in the Malay States, English Law was introduced in the form of codes taken from those enacted in India, including the Penal Code. the Contract Act, the Evidence Act, the Criminal Procedure Code, the Civil Procedure Code: and in the field of land law legislation based on the Torrens System was introduced. The introduction of these laws meant that the Islamic Law was no Ionger applicable in the areas covered by those laws.

2. The separation of power between governmnt administration, state and religious matter

3. Under british rule, the sharia was relegated to an inconsenquential position

4. The decision of civil court could override the decision in sharia court

5. administration of islamic law was bureaucratized and secularized

6. By the nineteenth century, the British had expanded their sphere of influence in the region, and by the end of the century controlled all the sultanates of the peninsula. European intervention in the Malay world changed the dynamics of the application of Islamic law in the region. Early sources tend to describe the court system in only general terms, indicating only that the sultan and state officials asserted the power to adjudicate disputes. The first detailed description of an Islamic court system in the Malay Peninsula is for the Sultanate of Kelantan, and it appears only in the nineteenth century.

7. The states have the power to apply a version of Islamic law on certain topics enumerated in the constitution, and to 
create Shari‛a courts to adjudicate disputes involving Muslims relating to matters of Islamic law.]]> 2019-03-21 04:28:21 UTC https://padlet.com/drsyukran/ILA/wish/343627120 https://padlet.com/drsyukran/ILA/wish/343627333 Asyraaf bin Abu Bakar Hamzah (1162163) and the gang. 😊

There are many impacts after British colonisation towards the Islamic law and Malaysia which known as Tanah Melayu during that time.

The British has influenced most of the application of Islamic law. The English law has entered through the Charter of Justice 1807 and is followed by some English laws practiced. This has separated the Islamic law and common law from the legislation

The British had separated between the state and religious aspects in the administration of government. In 1902 and 1905, the English Criminal Code and Penal Code was introduced and enforced in Malay land. As a result, Islamic law is now only applied to the matter of marriage, divorce, inheritance, religious practices. Meanwhile, other aspects such as commercial law, contract and criminal were placed under civil law.

Thus, the effect from the colonisation of British is that the Islamic law became subsidiary legislation that only applicable in certain practices as stated above only.

But there are some positive impact in Islamic evidence nowadays where the evidence act 1950 was used as basic for shariah evidence act to evolve such as the used of expert view in explaining certain field of chemistry, psychology and so on.

]]> 2019-03-21 04:30:04 UTC https://padlet.com/drsyukran/ILA/wish/343627333 https://padlet.com/drsyukran/ILA/wish/352483835 1) wan siti khadijah habibah bt wan husin 1162191
2) ku nur syakirah bt ku mohd akhir 1162187
3) Nor Karmila Roslan 1162969
4) Nurul Adilla Aryani binti Mat Deris 1162186
5) Tuan Fatiem Nabila binti Tuan Mohd Jaffar 1162192
6) Nurusysyuhada binti Ibrahim 1160585
7) Wan Nur Athirah Izzati binti Wan Zuhaimi 1162193
8) Wan Nasreen Syaza binti Wan Mohamad Nasir 1162194
9) Siti Nadiah Auni Basirah binti Mohd Bakri 1162495
10) Fitriah Rabihah binti Mat Zahari 1162975
11) wan nur afifah binti che bakar 1162973

Valuable in Islam
2 views
1. according to the Maliki, Shafie and Hambali who constitute the majority of the fiqh school, private property includes: all permissible things which have financial value.
2. Hanafi define property as: a thing that can be possessed and stored for later use excludes intangible assets
3. Valuable (mutaqawim) property inc all permissible things in Syariah and things that can be possessed and secured.
4. Non valuable property inc all those things which are prohibited by Syariah; pork, wine, birds in sky, fish in sea.

HANAFI
(1) Mal is what human instinct inclines to, and which is capable of being stored/ hoarded for the time of necessity 
(2) Existent to which human nature inclines and which the rule of expenditure and its prohibition/restriction applies;
(3) Which has the status of being stored for the purpose of beneficial use during the time of necessity
(4) Which has been created for the goodness of human beings and in regard of which scarcity and stinginess apply

SHAFIE 
1.what has value with which it is exchangeable; and the destructor of it would be made liable to pay compensation; 

2.what the people would not usually throw away or disown, such as money, and the likes

3.whatever is evaluated as effectively giving rise to benefit is regarded as financially valuable property, and in contrast, 

4.whatever is incapable of showing the effect of giving rise to benefit is excluded from the status of financially valuable property. 

5.one which apparently shows the price during a high rate, and one which fails to show it is excluded from that status.]]> 2019-04-18 04:41:44 UTC https://padlet.com/drsyukran/ILA/wish/352483835 https://padlet.com/drsyukran/ILA/wish/352484125 Majority schools of Islamic law seem to share some common 
understanding of al-Mal except the Hanafi School  stated that property consider as valuable if the properties is necessity.

 in order for something to be considered as al-mal, it should 
meet four characteristics: 
(a) it should be desired by human 
beings 
(b) can be stored for future use 
(c) can benefit human 
beings 
(d) and rules of expenditure and scarcity applies to it
Majority schools of Islamic law seem to share some common
Hanafis scholar stated that, property is a thing can be possessed and which is customarily used by the people, it can be possessed and stored for later used. 
It was classified into two.

Mutaqawim, property includes all permissible thing in Sharia and things that can be possessed

Ghoir mutaqawim, include all those things that are prohibited by sharia and the things tha cant be possessed

Asyraaf n co.]]> 2019-04-18 04:44:10 UTC https://padlet.com/drsyukran/ILA/wish/352484125 MAL MUTAQAWWUM (SHAFIE & HANAFI) https://padlet.com/drsyukran/ILA/wish/352484330
1)Elliana Faten binti Ahmad 1162150
2)Nur Adibah binti Hussein 1162149
3)Dg. Norsakinah binti Ahmad 1162152
4)Umi Umairah binti Rupawon 1162154
5)Siti Maryam binti Annuar 1162148
6)Siti Aishah binti Zulkifle 1162159
7)Noori Sufiyya binti Mazlan 1162160
8)Nur Atiqah binti Mohd Aisa 1162158
9)Elissa Hanis binti Ezudin 1162153
10)Syauqi Mardia bin Baharuddin 1162161

Points:
 Hanafi
- Can be govern & control by the owner
- Must be permissible in syarak (mutaqawwim) 
- Beneficial for the owner and others

Syafie
- Permissible in syarak


]]> 2019-04-18 04:45:55 UTC https://padlet.com/drsyukran/ILA/wish/352484330 Activity 2 https://padlet.com/drsyukran/ILA/wish/352484958 GROUP HAMZAH 

Hanafi believes that "mal" is one that has a financial value in which it is permissible to use it in the case of capacity and selection. Under normal circumstances, such as
-real estate
-movables property unless it was prohibited
- subject to actual possession by trade of money
- he is the owner of the property  or gain benefits from the property. 

Further elaboration, a man selling fish from sea. He may sell the fish eventhough the sea was not his. 

The view of the majority of non-Hanafi scholars is that they do not consider valuable property in the hands of the people of non muslim. 
The Hanafi separate the properties into 2 which are the properties itself. Next, benefit & privileges. 

]]> 2019-04-18 04:51:23 UTC https://padlet.com/drsyukran/ILA/wish/352484958