Application of Islam and Malay customs in Torrens system in Malaysia
Pemakaian Islam dan adat Melayu dalam sistem Torrens di Malaysia
DOI:
https://doi.org/10.53840/alirsyad.v1i1.32Keywords:
Kanun Tanah Negara 1965, Undang-undang tanah, Islam, Adat Melayu, Sistem TorrensAbstract
Land law in Malaysia was based on the Torrens system, which was introduced by the British upon the colonization of Tanah Melayu. The system was used in this country through the enforcement of the National Land Code 1965. Before the British colonization, Tanah Melayu already had their own legal system based on Islamic law and Malay customs. The British colonization in Tanah Melayu had a big impact on the administration of land law when the Islamic law and Malay customs were abolished and replaced by the Torrens system. An issue arose whether the Islamic law and Malay customs were abolished or any room for its application. This paper will be discussed on applying Islamic law and Malay customs that were still existing in the administration of the land law Torrens system based in Malaysia. The method used was library research and document analysis. The finding was that Islamic law and Malay customs were recognized and applied only in certain cases. The exclusive power of the Syariah court that the amendment of Federal Constitutions has given opens room to the application of Islamic law and Malay customs in the administration of land law in Malaysia.
Downloads
References
Afzal-ur-Rahman. (1980). Economic Doctrines of Islam. Jil. II. Pakistan: Islamic Publication Lahore.
Ahmad Muhammad Ibrahim. (1976). The Distribution of Estates; According to Shafii Law. Singapore: MLJ Pte Ltd.
Ainul Jaria Maidin et. al. (2008). Principles of Malaysian Land Law. Singapore: Lexis Nexis.
Das, SK. (1963). The Torrens System in Malaya. Singapore: MLJ.
Abdullah Siddik. (1975). Pengantar Undang-undang Adat di Malaysia. Kuala Lumpur: Penerbit Universiti Malaya.
Joshua Kevin Sathiaseelan. (2006). Prinsip-prinsip penting Perundangan Tanah di Malaysia. Malaysia: Lexis Nexis.
Judith E. Sihombing. (1981). National Land Code, A Commentary, Singapore: Malayan Law Jurnal.
M.B Hooker. (1976). Personal Laws of Malaysia. Oxford: Oxford University Press.
Norliah Ibrahim. (2007). Masalah Tuntutan Harta Sepencarian, Siri Perkembangan Undang-undang Di Malaysia, Undang-undang Keluarga (Islam). Kuala Lumpur: Dawama.
Ridzuan Awang. (1994). Undang-undang Tanah Islam; Pendekatan Perbandingan. Kuala Lumpur: Dewan Bahasa dan Pustaka.
Salleh Buang. (1988). Ke arah Pengislaman Kanun Tanah Negara, Makalah Undang-undang Menghormati Ahmad Ibrahim. Kuala Lumpur: Penerbit DBP.
Salleh Buang. (1993). Undang-undang Tanah di Malaysia. Kuala Lumpur: Dewan Bahasa dan Pustaka.
Salleh Buang. (2007). Malaysian Torrens System. Kuala Lumpur: Dewan Bahasa dan Pustaka.
Teo keang Sood & Khaw Lake Tee. (1995). Land Law in Malaysia, Cases and Commentary. Malaysia: Butterworths Asia.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2016 Rabi’ah Muhammad Serji
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
License and Copyright Agreement
In submitting the manuscript to the journal, the authors certify that:
- They are authorized by their co-authors to enter into these arrangements.
- The work described has not been formally published before, except in the form of an abstract or as part of a published lecture, review, thesis, or overlay journal.
- That it is not under consideration for publication elsewhere,
- That its publication has been approved by all the author(s) and by the responsible authorities – tacitly or explicitly – of the institutes where the work has been carried out.
- They secure the right to reproduce any material that has already been published or copyrighted elsewhere.
- They agree to the following license and copyright agreement.
Copyright
Authors who publish with al-Irsyad: Journal of Islamic and Contemporary Issues agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC BY-NC 4.0) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
Licensing for Data Publication
al-Irsyad: Journal of Islamic and Contemporary Issues use a variety of waivers and licenses that are specifically designed for and appropriate for the treatment of data:
- Open Data Commons Attribution License, http://www.opendatacommons.org/licenses/by/1.0/(default)
- Creative Commons CC-Zero Waiver, http://creativecommons.org/publicdomain/zero/1.0/
- Open Data Commons Public Domain Dedication and License, http://www.opendatacommons.org/licenses/pddl/1-0/
Other data publishing licenses may be allowed as exceptions (subject to approval by the editor on a case-by-case basis) and should be justified with a written statement from the author, which will be published with the article.
Open Data and Software Publishing and Sharing
The journal strives to maximize the replicability of the research published in it. Authors are thus required to share all data, code, or protocols underlying the research reported in their articles. Exceptions are permitted but have to be justified in a written public statement accompanying the article.
Datasets and software should be deposited and permanently archived in appropriate, trusted, general, or domain-specific repositories (please consult http://service.re3data.org and/or software repositories such as GitHub, GitLab, Bioinformatics.org, or equivalent). The associated persistent identifiers (e.g. DOI, or others) of the dataset(s) must be included in the data or software resources section of the article. Reference(s) to datasets and software should also be included in the reference list of the article with DOIs (where available). Where no domain-specific data repository exists, authors should deposit their datasets in a general repository such as ZENODO, Dryad, Dataverse, or others.
Small data may also be published as data files or packages supplementary to a research article, however, the authors should prefer in all cases a deposition in data repositories.
