FSH News, Madya Meeting Room – On the final day of the student mobility program, Universiti Malaya students participated in an international discourse with the Student Executive Board of the Faculty of Sharia and Law, UIN Syarif Hidayatullah Jakarta. The forum facilitated an exchange of information on the comparative legal systems of Malaysia and Indonesia, centered around the theme "The Position of Islamic Law in the Indonesian and Malaysian Legal Systems." The event commenced with an opening speech by the Vice Dean 3, Prof. Dr. Kamarusdiana, M.H., on Friday, 14 June 2024.

Ahmed Najhan Arrohim, Chairperson of the Student Executive Board of the Faculty of Sharia and Law at UIN Syarif Hidayatullah Jakarta, represented the faculty in the discourse. The session also included a question-and-answer segment and interactive discussions between students. Ahmed elaborated on the major legal systems worldwide, including Common Law, Civil Law, Islamic Law, Customary Law, and Communist Law. Notably, Indonesia incorporates three coexisting legal systems: civil law, customary law, and Islamic law. These systems operate in a complementary, harmonious, and dynamic manner. Islamic law significantly influences Indonesia’s legal framework due to the country’s Muslim-majority population, making it an integral and impactful component of the nation's legal system.

Islamic law has been a significant part of Indonesian society for centuries, shaping the legal landscape of the country. With the majority of Indonesia's population adhering to Islam, Islamic law has become an influential and integral component of the national legal system. This influence is evident in the special privileges granted to Islamic law, including the establishment of specialized courts to address private legal disputes among Muslims.

The presence of various Islamic laws and regulations, such as the Hajj Law, Sharia Banking Law, Waqf Law, Zakat Law, the Compilation of Islamic Law (KHI), and Sharia Regional Regulations (Perda Sharia), demonstrates that the Indonesian state actively integrates religious affairs with government responsibilities. Furthermore, the establishment of Islamic institutions like the National Zakat Agency (Baznas), the Indonesian Waqf Board, the Ministry of Religious Affairs, Religious Courts, Islamic Banks, and the Indonesian Ulema Council highlights how Islamic law has evolved in tandem with the state legal system.

In this context, Islamic law holds an existential position as a sub-system of national law, offering it opportunities to contribute significantly to the development and reform of Indonesia’s legal framework.

Furthermore, a student representative from Universiti Malaya, Haizan Suhairil, discussed the application of Syarak law and personal and family law within the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya. These laws govern various aspects of the lives of Muslims, including inheritance, wills (wasiat and non-wasiat), engagement, marriage, divorce, dowry (mas kahwin), maintenance (nafkah), guardianship, property division (pecah milik), and trusts (amanah) unrelated to charitable purposes.

Haizan also elaborated on matters related to waqf, including definitions, trusteeship for religious and charitable purposes, the appointment of trustees, and the management of perpetual charitable endowments. The discussion extended to the regulation of Islamic charitable institutions, zakat, fitrah, baitulmal, and proceeds related to Islamic religious practices. Additionally, the representative addressed the role of mosques and other Muslim places of worship, as well as the jurisdiction and enforcement of Syarak law concerning offenses committed by Muslims in violation of Islamic principles, excluding issues covered under associations.

Lastly, Haizan highlighted the membership, composition, and procedural framework of the Syariah courts, emphasizing that their jurisdiction is limited to Muslims and specific matters outlined within this framework. However, the Syariah courts do not hold jurisdiction over general criminal wrongdoing, except as specifically granted by the law of associations. Their responsibilities include overseeing the development of Islamic doctrines and beliefs among adherents, as well as adjudicating cases related to Syarak laws and Malay customs (adat).

In the realm of property law, various categories of heirloom property exist, including compact heirloom property, ordinary heirloom property, and large heirloom property. In Malaysia, the Mahkamah Syariah (Syariah courts) handle matters strictly related to Islamic law, such as inheritance validation and the issuance of inheritance decrees.

Regarding family law, the courts address issues such as annulment (fasakh), divorce by pronouncement (talaq), conditional divorce (taqliq), separation (farakh), and divorce initiated by the wife (khulu). In criminal law, the jurisdiction is divided into jinayah law and Syariah jinayah law, which specifically pertain to offenses under Islamic principles.[ANA]