말레이시아의 이슬람사법제도에 대한 연구

Malaysia is a Muslim country, which has a dual law system comprised of civil and Islamic laws(Syariah). Although Malaysia has English law background since colonial times, it has kept and developed Islamic laws. Every state(negeri) has a autonomous Syariah court(Mahkamah Syariah) system, and also every state has the Syariah Appeal Court, Syariah High Court, and Syariah Subordinate Court as civil courts system according to the Federal Constitution. The Syariah Courts have two jurisdiction over civil areas such as marriage, inheritance, and zakat, and also over crimes who violate Syariah. The judges of Syariah court are called 'hakim' who are appointed by Sultan or King(Yang Di-Pertuan Agong). The contemporary Syariah law system of Malaysia has been completed by the federal government and Muslim lawyers who educated in law school of public universities through the Syariah reform in 1980s. The Syariah courts was backward in modernization from human resources and physical point of view before 1980s. Therefore, the Syariah reform leaded by the UMNO government has upgraded Syariah courts system to the same rank with civil courts for example introduction of the thirtieth, better treatment of judges and legal officials. In addition, every state has legislated enactments(enakmen) about family law, Islamic administration law, and Syariah criminal law following the national standard Syariah act established by the federal government. It is a fact that Syariah reform led by Muslim elite has systemized Syariah law system of Malaysia and has promoted Islamization of justice system. Meanwhile, it is dilemma that the disadvantage of Malaysian Muslims is left unsettled on the double structure of civil courts and Syariah court.