View of Teaching Malaysian Islamic Legal System: A Reflection of Current Development in the Shariah Legal Practice

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DOI: https://doi.org/10.47405/mjssh.v7i12.1954

Teaching Malaysian Islamic Legal System: A Reflection of Current Development in the Shariah Legal Practice

Siti Sarah Sulaiman^1* , Ibtisam Ilyana Ilias² , Izuan Izzaidi Azmi³ Su’aida Safei⁴ , Nurrul Huda Ahmad⁵

1Faculty of Law, Universiti Teknologi MARA, 40450 Shah Alam, Selangor, Malaysia.

Email: [email protected]

CORRESPONDING AUTHOR (*):

Siti Sarah Sulaiman ([email protected]) KEYWORDS:

Learning

Islamic Legal System Teaching

CITATION:

Siti Sarah Sulaiman et al. (2022). Teaching Malaysian Islamic Legal System: A Reflection of Current Development in the Shariah Legal Practice. Malaysian Journal of Social Sciences and Humanities (MJSSH), 7(12), e001954.

https://doi.org/10.47405/mjssh.v7i12.1954

ABSTRACT

The legal system in Malaysia is uniquely characterised by the presence of dual legal system namely civil and Shariah.

Thus, Shariah Law subject is very important to be taught and included in the Bachelor of Law programme. It prepares the student with strong understanding of Islamic Jurisprudence.

Therefore, following the requirement imposed by the Malaysian Qualifications Agency (MQA), Malaysian Islamic Legal System (MILS) is a compulsory subject introduced at the Faculty of Law, Universiti Teknologi MARA. This paper examines the syllabus and assessment conducted for MILS subject in determining whether teaching and learning methodology of MILS is in line and attuned with the existing development of Shariah legal practice in the country. In order to achieve the aim of the paper, a qualitative methodology is employed by analysing relevant policy, program standards and literatures. Finding of the paper highlighted that the Islamic jurisprudence part is crucial for the students while the administration of Shariah Law part should always be updated in line with the contemporary issues and practices.

Contribution/Originality: This article contributes to the existing literature on teaching methodology particularly in the subject of Malaysian Islamic Legal System. It highlighted that, syllabus which is current and in line with new development of the Syariah Legal Practice will prepare the graduates to be competent both in the civil law and the Shariah law.

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1. Introduction

The syllabus for Malaysian Islamic Legal System (MILS) subject was carefully crafted taking into consideration the current progresses in legal service and evolution in the society particularly the implementation and administration of the Shariah law system. The development of the Shariah law in Malaysia undoubtedly has implications on the curriculum design and method of delivery. This is important to ensure the graduates of Faculty of Law, UiTM are competent both in the civil law and the Shariah law. Some examples of these important developments which shaped the method of learning and teaching of MILS are:

i. the increasing interest and development in Islamic law, in addition to Islamic family law such as muamalat, Islamic banking and takaful;

ii. the trend towards uniformity and appreciation on the role of Islamic law;

iii. the modernisation of Shariah Court and upgrading of Islamic law jurisdiction and administrative sphere that requires the transformation on the governance of the Shariah Courts‟ officials and Syarie lawyer; and

iv. the jurisdictional dispute between Shariah Court and Civil Court and the need to reconcile the two systems requires deep appreciation and understanding by students and graduates in law and shariah law.

Realising the need to always attuned with the development of the Shariah law in Malaysia, MILS is designed to equipped the student with deep understanding of Islamic jurisprudence. This will serve as a strong foundation before the students learn about Islamic Family Law and Islamic Banking Law at later part. For a long-term basis, MILS will assist the student who later have interest to join Postgraduate Diploma in Syariah Law and practice.

2. Literature Review

The legal system in Malaysia is uniquely characterised by the presence of dual legal system namely civil and Shariah (Mahmod, 2006). Therefore, following the requirement imposed by the Malaysian Qualifications Agency (MQA), Malaysian Islamic Legal System (MILS) has been introduced as a compulsory subject at the Faculty of Law, Universiti Teknologi MARA (UiTM). Islamic law subject also has been introduced in other local universities such as International Islamic University Malaysia (IIUM), Universiti Sultan Zainal Abidin (UNiSZA), Universiti Sains Islam Malaysia (USIM), Universiti Kebangsaan Malaysia (UKM), Universiti Malaya (UM), Universiti Utara Malaysia (UUM) and Multimedia University (MMU). In furtherance to this, research was conducted to study the development of Shariah Law subject after its implementation at every law school. Discussion on the evolution and relevancy of this subject to the industry is a common research area. Mohd Shariff et al. (2016), highlighted about value and quality of syariah curriculums at the Faculty of Law, Universiti Kebangsaan Malaysia are enhanced through regular monitoring, modification and improvement. However, this paper discussed all syariah law subjects which includes Introduction to Islamic Law, Islamic Jurisprudence, Islamic Criminal Law.

Sulaiman et al. (2020) had proposed an online learning as alternative to traditional teaching. My Murobbi Apps is designed to provide online learning for students who registered MILS subject and it was proven to be useful during the Covid-19 pandemic.

There is an inherent perception that studying law is intricate in terms of the multifarious sources, the content and the jargon. This is further aggravated by the fact that Islamic law is flooded with Arabic terminologies due to its origin. However, it is opined that learning

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Islamic Law should be more effective in Arabic Language (Alhirtani, 2018). Despite Islamic Law subject is claimed as difficult but it is indeed significant and its application is extended to current needs either in economy, banking, transaction or insurance (Masud, 2005).

Islamic Law education is also relevant globally where contemporary issues goes beyond the boundary of the country. Due to that recognition, the industry demands the syllabus of Islamic Law education and the teaching methodology is updated (Akhtar, 2020). Tripathi (2015) proposed that the current teaching methodology include sharing the thinking process of the teacher, case studies, group discussions interaction, generating interest in the subject, language skills and modern techniques of teaching. As a consequence of its global acceptance, teaching methodology of Islamic Law subject should be suitable to the diverse background of students (Ghouri, 2021). This is one of the challenges which requires the academic to always review the teaching and learning methodology.

3. Methodology

This paper examines the syllabus and assessment conducted for MILS subject in determining whether teaching and learning methodology of MILS is in line and attuned with the existing development of Shariah legal practice in the country. In order to achieve the aim of the paper, a qualitative methodology is employed by analysing relevant policy, program standards and literatures.

4. Result

Based on the Program Standard Law and Shariah Law the recommended delivery methods are lectures, case study, guest lecture series, Interactive learning and intellectual discourse (Research seminars/workshop). The contents of MILS can be divided into two parts. The first part introduces the students to the framework of the Shariah laws which includes Introduction to the concept of Shariah (Islamic Law), characteristics of Shariah, objectives and intents of Shariah(Maqasid Shariah), primary sources of Islamic law (Quran, Sunnah, Ijma’, Qiyas), secondary sources of Shariah namely Istihsan, MaslahahMursalah, Sadd al- Dhara’i, Istishab, ‘Urf, historical development of Islamic Legal System including the period of Prophet Muhammad S.A.W, the period of the Righteous Caliphs, the period of the Umayyad Caliphate, the period of the Abbasid Caliphate and the period of the Ottoman Caliphate. Other topics include the establishment of the Islamic State, the application of the Medina Charter, Islamic concept of crime and punishment encompassing Hudud, Qisas, Ta’zir and the development of the four schools of thought (the four madhahib). The second part discuss on the administration of Islamic Law in Malaysia including position of Islam, jurisdiction of Syariah Court, appointment of Judges and Syarie Lawyer (Shuaib, 2012).

Students will also be guided in understanding and analysing court cases to make sure they are connected to the legal practice. In line with this, recent cases relevant to the syllabus will be added to the discussion. For example, students show great interest in discussing and analysing the case of SIS Forum (Malaysia) v Kerajaan Negeri Selangor; Majlis Agama Islam Selangor (Intervener) [2022] 3 MLRA 193 and Iki Putra Mubarak v Kerajaan Selangor [2020] 4 MLRA 1. Students will be taught for 14 weeks the aspect of Shariah Law as presented in Table 1.

Apart from strengthening the syllabus in ensuring the marketability of law students in the Shariah legal practice, assessment is another crucial aspect to be scrutinised. Suitable types of assessment should be determined to achieve the Course Learning Outcome (CLO) for MILS subject. The achievement of learning outcomes stipulated for the programme is the basis in awarding qualifications. Hence, methods of student assessment have to be clear,

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consistent, effective, reliable and in line with current practices and must clearly support the achievement of learning outcomes.

Table 1: Syllabus for Malaysian Islamic Legal System No. Topics

1. Introduction to Malaysian Islamic Legal System The definition of Shariah (Islamic Law)

The components of Shariah I’tiqadat (Belief)

Akhlaqiyyat (Moral) Amaliyyat (Action)

Differences between Shariah, Fiqh and Usul Fiqh

2. Objectives and intents of Islamic Law (Maqasid Shariah) 3 categories of objectives of Shariah:

Darurriyat (essentials) Hajiyyat (complementary) Tahsiniyyat (embellishments).

The protection of the five fundamental values (al-daruriyyah al-khamsah) Protection of Religion

Protection of Life Protection of Lineage Protection of Mind Protection of Property

Characteristics of Islamic Law Shariah is Divine origin

Shariah is universal, realistic and contemporary Rewards and Punishments in Shariah

Completeness of Shariah 3. Sources of Islamic law

Primary Sources:

Quran Sunnah

Secondary Sources:

Ijma’

Qiyas Istihsan Istishab

Maslahah Mursalah Sadd ad-Dharai Urf

4. Historical Development of Islamic Legal System:

In the period of Prophet Muhammad S.A.W The establishment of the Islamic State.

The Application of the Medina Charter Islamic concept of crime and punishment Hudud

Qisas Ta’zir

In the period of the Righteous Caliphs In the period of the Umayyad Caliphate

In the period of the Abbasid CaliphateIn the period of the Ottoman Caliphate The development of the four school of thought (the four madhahib)

Shafi’e

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Accordingly, the assessment for MILS is divided into continuous assessment and final examination as stipulated in Table 2. The continuous assessment consists of a test and assignment which carry 30% respectively. Whereas, final examination contributes 40% to student’s coursework marks. Question drafted for test and final examination aim to test students’ understanding and ability to solve shariah related issues. For example, question under the topic of Maqasid al-Syariah is directed towards solving contemporary issues such as Halal management, organ transplantation, doula service, gender re-assignment surgery, euthanasia and Anti-vaccination. Students are required to state the hukm or ruling and elaborate the relevant Maqasid al-syariah.

Table 2: Course Assessment Plan (CAP) Assessment

Activities Topics Duration

Of Assessment %

Test Maqasid al-Syariah

1 hour 30%

Assignment (Creative video presentation)

Historical Development of Syariah Law

2 Weeks 30%

Final Examination Essay Question 3 hours 40%

TOTAL 100%

Hanafi Maliki Hambali

Islamic Judicial System al-Qada’ (Judiciary) Qada’ al-Mazalim Al-Tahkim (Arbitration) Al-Hisbah

5. Administration of Syariah Law in Malaysia Agencies involved

6. Constitutional Provisions:

Position of Islam

Articles 3 & 11 of the Federal Constitution Article 121 (1A) of the Federal Constitution Conflict of jurisdiction

Conversion

Conversion to Islam - all states have provisions in the State Enactments

Conversion out of Islam - only some States have provisions in the State Enactments (e.g.

Pahang, Negeri Sembilan, Kelantan) 7. Syariah Court

Hierarchy of the Syariah Courts

Composition and Jurisdiction of the Syariah Courts 8. Islamic Advocacy in Malaysia

Qualification of Syarie Judge Qualification of Syarie Lawyers

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5. Discussion

In ensuring the syllabus and assessment for MILS subject is kept updated and sustainable, curriculum review will be conducted every five years. Hence, the topics of discussion prepared for 14 weeks is in line with the need of the industry. The teaching methodology for MILS subject is a traditional methodology in a sense lecture were conducted face to face in a designated classroom for two hours and one hour tutorial. However, with the advance of technology, the knowledge can be disseminated via online. A team of lecturers teaching MILS subject have introduced My Murobbi Apps as a mechanism to impart knowledge. When online distance learning (ODL) was implemented in all universities due to the Covid-19 pandemic, My Murobbi Apps is used effectively as all the materials was kept in one place (Sulaiman et.al., 2020).

According to Sharples and Pea (2014), mobile learning begun in the 1970s and spread widely until present time. Literally, mobile learning is learning using mobile and handheld IT devices such as PDAs, mobile phones, laptops and tablets PCs in teaching and learning (O’Malley et al., 2005). According to software vendors, “it’s the point at which mobile computing and e-learning intersect to produce an anytime, anywhere learning experience.

Pimmer et al. (2016) stated that mobile learning is the ability to enjoy an educational moment from a cell phone or personal digital assistant (PDA)”. Sharples and Pea (2014) define it from a technology perspective as “the provision of educational content and services to people on the move, relevant to their location, across multiple devices including smartphones and tablet computers and even wall-size displays”. To learning scientists, the emphasis and the questions concern context and continuity of learning namely in what manners our learning opportunities be best shaped in relation to location and time.

(Sharples & Pea, 2014). Recently, the usage of mobile learning has been adopted in a higher learning institution in many of their courses as a better way to connect students with the subjects they are studying (Pimmer et al., 2016; Chiu & Churchill, 2016; Burston, 2011;

Diliberto-Macaluso & Hughes, 2016; Zydney & Warner 2016). It is a transformation from the traditional method of teaching towards a specialised form of conventional e-Learning (Rajasingham, 2011; Upadhyay 2006).

Research has shown that mobile learning is an effective platform for effective learning (Naismith & Corlett, 2006). According to one research, performance of learners using mobile app is statistically better than the students using the traditional method (Wilkinson

& Barter 2016). Mobile learning is able to assist students’ motivation, help organisational skills, encourage a sense of responsibility, encourage both independent and collaborative learning, act as reference tools, track students’ progress and deliver (Attewell & Savill- Smith, 2004). The reasons why mobile learning is effective is because the devices can provide instant and spontaneous information, mobile learning tools are small, light, and portable. This is in line with the preference of new generation of students who prefer easy going environment of learning, integrated information or learning materials which can be easily accessible. Thus, transmission of knowledge is faster and impactful (Bidin & Ziden, 2013). Even though, the appearance of mobile technology in education has extended the scope of teaching but only the latest mobile technologies have truly enabled learning on the move (Naismith & Corlett, 2006). Being law students in particular, there are so many information need to be digested in a short period of time. Thus, creation of a new apps will help to ease the burden of the students throughout the year of study and enhance students’

ability to establish deep understanding on the subject matter. There are many apps have been developed for the usage of the law students for example Black’s Law Dictionary (iOS&Android), Evernote (iOS&Android), Quizlet (iOS&Android), My Study Life

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(iOS&Android) and Headspace (iOS&Android) (Sulaiman et al., 2020). With all great advantages brought forward by the development in the mobile learning sphere, there is still room to be explored for developing new app in enhancing the interest and ability of law students at the Faculty of Law, UiTM understand the subject of Malaysian Islamic Legal System.

6. Conclusion

In preparing the syllabus for Malaysian Islamic Legal System subject, the Faculty of Law, UiTM had followed closely the Program Standard Law and Shariah Law 2015. Apart from that, syllabus review will be conducted every five years taking into consideration feedback from the industry. This will enable the sustenance of quality of this subject and in ensuring the syllabus is up to date and attuned with the existing development of Shariah legal practice in the country. Apart from that, the assessments are designed to test the understanding of the students on the subject matters and consequently to ensure the quality of the graduates. Finally, Covid-19 pandemic has forced the academic to resort to online teaching as a combination of traditional teaching methodology. This has proven a success and students at the Faculty of Law UiTM is now able to use My Murobbi apps as an additional tool of learning.

Acknowledgement

The foundation of this article is based on the syllabus of Malaysian Islamic Legal System subject and the teaching methodology implemented at the Faculty of Law, Universiti Teknologi MARA.

Funding

The authors would like to thank the Faculty of Law, Universiti Teknologi MARA, Shah Alam Selangor in approving funding for publication fees.

Conflict of Interests

The authors reported no conflicts of interest for this work and declare that there is no potential conflict of interest with respect to the research, authorship, or publication of this article.

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