LEGAL FRAMEWORK FOR E-SYARIAH AND I-SYARIAH IN JUDICIAL SERVICE DELIVERY IN MALAYSIA: ITS DEVELOPMENT AND CHALLENGES

Authors

  • Zulzaidi Mahmod
  • Ahmad Hidayat Buang
  • Mohd Sufi Mohd Rani
  • Mohd Norhusairi Mat Hussin

DOI:

https://doi.org/10.32890/uumjls2024.15.2.7

Abstract

The electronic technology transformation within the Syariah Court management system in Malaysia has created a new dimension which is geared towards a more efficient, comprehensive, and allinclusive Syariah Court service delivery process. This research aims to analyse the challenges in developing this Syariah Court management system, namely the e-Syariah system implemented at the Federal level and the i-Syariah system which is applicable in Sarawak. An in-depth investigation was conducted on the modules developed in the e-Syariah and i-Syariah systems to obtain inclusive research information on the areas of concerned. A qualitative research method was employed to explore the progressive challenges in developing the e-Syariah and i-Syariah systems, and this was followed by a comparison of the systems applied by the Civil Courts and the contents of the system applied by the Syariah judiciary institutions in Malaysia. The findings revealed several challenges in developing the Syariah Court management system in Malaysia from the perspective of legal provisions, as well as information and communications technology (ICT). This matter has been viewed positively by the Department of Syariah Judiciary Sarawak (JKSS) and the Department of Syariah Judiciary Malaysia (JKSM), leading to the close cooperation with the Sarawak Information System Sdn. Bhd. (SAINS) in developing i-Syariah and e-Syariah to be applied in the Civil Courts. An upgrade of the e-Syariah system was carried out by the JKSM to respond to the challenges of digital technology applications in Malaysia, hence enabling the delivery of Syariah judiciary service that can be implemented successfully, systematically, and dynamically.

Author Biographies

  • Ahmad Hidayat Buang

    Currently is a Professor at Shariah and Law Department, Academy of Islamic Studies, University of Malaya, Kuala Lumpur, Malaysia. Studied at University of Malaya. Received Bachelor of Shariah (Islamic Law) (first class honours) in 1987 from University of Malaya. Later, went to London to receive further training at School of Oriental and African Studies, University of London and obtained LL.M in 1989 and PhD in 1996. Area of specialization is Islamic law of transactions and property, contemporary issues of fatwa and Shariah courts in Malaysia. Has been teaching at the University of Malaya since 1987 both at postgraduate and undergraduate levels. Awarded a number of governmental and international research fund with the accumulative amount of RM600,000. Has successfully supervised more than 30 postgraduate thesis and dissertations. Written and presented more than 100 articles and papers in journals and conference both locally and internationally. Authored and edited six books. Served as consultant and adviser on Shariah matters to several Banks and financial institutions in Malaysia and Singapore. Currently served as Chairman of the Shariah Supervisory Council for Bank Islam Malaysia Berhad (BIMB) and Amanah Raya Berhad. Qualified Shariah Legal Counsel in the Federal Territory Shariah Courts. Appointed as visiting lecturer at Religious Department, Victoria University, Wellington, New Zealand in 2001, awarded as visiting research associate at Oxford Centre for Islamic Studies, UK in 2005, visiting fellow at Institute of Advanced Legal Studies, University of London in 2006, visiting scholar at the Center for the Study of the Middle East and Muslim Civilizations, University of North Carolina at Chapel Hill, USA in 2011, Ankara Social Sciences University, Universitas Islam Negeri Jakarta and Soka University Japan in 2019 respectively. Hold various administrative posts at University of Malaya as Head of Shariah and Law Department 1997-1999, Deputy Director for Research and Development, Academy of Islamic Studies 2005-2006 and Director of Academy of Islamic Studies 2006-2011. Involved in curricula development, design and monitoring of Islamic Shariah Higher Degrees at University and national level as Senate Member of the University, member of the national accreditation committee of Malaysia Qualification Agency (MQA) 2010-2019, auditor and panel assessor for the same agency since 1997. Conferred DSDK by His Majesty the Sultan of Kedah which carries the title Dato' in the conjunction of His Highness 88th birthday on 17th January 2016 for excellent and loyal service. Born in 1962 in Kedah and married to Raihanah Abdullah, with four children (three boys and a daughter) and two grandchildren.

  • Mohd Norhusairi Mat Hussin

    Mohd Norhusairi Bin Mat Hussin, PhD, is a senior lecturer at the Universiti Malaya's (UM) Academy of Islamic Studies, Department of Syariah and Law. He is also a registered Shari’ah lawyer and a member of the Association of Shariah Lawyers, Malaysia. He received a bachelor's in Syariah (Islamic Law) with Distinction from the Universiti Malaya in 2006 and a Fast track PhD in Syariah and law also from the same university in 2014. He has been awarded as Tokoh Maal Hijrah Kebangsaan 2002-Ministry of Education, Malaysia, Shell Special Excellent Award 2002, Special Award His Royal Highness Sultan of Kelantan in 2002, and Excellent Student Award both state and national level in 2002. His areas of expertise are Islamic Family Law, Moot/ Court Procedure, Islamic Civil Law Procedure, and also Islamic Law and Society. He is currently the Principal Investigator for a Malaysian Ministry of Higher Education-funded Fundamental Research Grant Scheme (FRGS) project named “Prosedur Pembubaran Perkahwinan Dalam Undang-undang Keluarga Islam: Kajian Penambahbaikannya Di Mahkamah Syariah Malaysia” (FP015-2020). Previously involved in research as a project leader such as (BK080-2017) Pematuhan Arahan Amalan Jksm: Kajian Terhadap Isu-isu Pentadbiran Di Mahkamah Syariah Malaysia and (BK032-2015) Amalan Pembahagian Harta Sepencarian : Asas Dan Perkembangannya Di Malaysia. He has participated in several academic programmes in other countries, most previously as an invited speaker for the paper titled “Zakat As Islamic Philanthropy In Malaysia: An Overview From Legal Perspective” at the University of Karabuk, Turkiye on 29 Sep 2022. He has contributed to the external organization as a Modul Enhancer and Facilitator for Post-Graduate students at Open Universiti Malaysia (OUM) from 2019 to 2023. Besides this, he has also presented papers and been invited to speak as a guest speaker both at the national and international levels. Among them are a guest lecture at UNIMMA, Indonesia via an online platform in 2021, Invited Speaker at Univrrsitas Sunan Kalijaga, Surabaya, Indonesia in 2020, presenter at International Seminar on Islamic Law in Southeast Asia at UIN Sunan Kalijaga in Indonesia in 2017, an International Journal of Arts and Sciences (IJAS) International Conference in Barcelona, Spain in 2015 and an International End of Year Multidisciplinary Conference in Bad Hofgastein, Austria in 2011. He has also appointed as advisor for NGO Ikatan Muslim Prihatin Kebangsaan (IMPAK) from 2017 until 2023. He has also published numerous articles in national and international journals on Islamic law in general and specifically, the law on Islamic Family Law and Islamic Law and Society. He has also published reference book series "Quranic Group 1-5". 

Additional Files

Published

30-07-2024

Issue

Vol. 15 No. 2 (2024): UUM Journal of Legal Studies, 15, No. 2 (July) 2024

Section

Articles

How to Cite

LEGAL FRAMEWORK FOR E-SYARIAH AND I-SYARIAH IN JUDICIAL SERVICE DELIVERY IN MALAYSIA: ITS DEVELOPMENT AND CHALLENGES. (2024). UUM Journal of Legal Studies, 15(2), 559-584. https://doi.org/10.32890/uumjls2024.15.2.7

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