Syahrul Adam Salleh Ibrahim
Syahrul Adam Salleh IbrahimMahasiswa Tahun Empat Fakulti Syariah dan Undang-undang
Prof. Madya Dr. Hendun Abd Rahman Shah
Prof. Madya Dr. Hendun Abd Rahman ShahPensyarah Fakulti Syariah dan Undang-undang

Syariah judicial institutions in Malaysia face a myriad of challenges in their quest for efficacy and relevance in the contemporary legal and Syariah law landscape. One significant challenge lies in the intersection between traditional Islamic jurisprudence and modern legal frameworks. As Malaysian legal and Syariah law progress steadily, there’s also an increasing viewpoint from society on the need to reform and reconcile Syariah law with evolving societal norms and international standards. Like it or not, Malaysia assumes obligations and duties under international law and convention, particularly in the international treaties to which it becomes parties. The complexity of cases involving family law, inheritance, and personal law often demands a delicate balance between religious principles and practical legal solutions. Although we believe that the principles of Islamic law are in line with fundamental human rights law and standard, conflict cannot be avoided when interpretation of law and rights are made by different schools of thought as well as different of political and cultural belief.

It is imperative that the Syariah institution be prepared with knowledge of international law and diplomacy, especially on matters that fall under fundamental human rights, so that the lslamic perspective in this area can be construed in a way that it might avoid a surface or merely literal interpretation of the law and Syariah. The involvement of JAKIM and JKSM in giving an Islamic point of view relating to issues such as under-age marriage, polygamous marriage, and inheritance for the Periodic Report of the Convention on the Eliminationof All Forms of Discrimination Against Women (CEDAW) for example, shows the important of this. In addition, the constitutional issues of the Syariah law that increasingly be challenged are equally important to be highlighted.

Despite these challenges, law and Syariah students possess a unique opportunity to contribute to the strengthening of these institutions. Through comprehensive legal education, students can gain insights into both Islamic law, conventional legal systems, and international law, equipping them with the interdisciplinary skills necessary to navigate the complexities of Syariah judicial practice and Syariah law in the international sphere. Moreover, fostering dialogue and collaboration between universities, industries and government agencies in various area of academic, research and training can promote a deeper understanding of the nuances of Islamic jurisprudence and its application in contemporary contexts.

Indeed, leveraging technology and innovative approaches can enhance the efficiency and accessibility of Syariah judicial institutions. Law and Syariah students can play a vital role in advocating for the integration of digital tools and platforms to streamline processes such as case management, legal research, and public outreach. By harnessing the power of technology, these institutions can overcome logistical barriers and reach a broader audience, thereby promoting transparency and accountability.

Additionally, experiential learning opportunities, such as internships and clerkships within Syariah courts, offer invaluable practical experience for law and Syariah students. By actively engaging with real-world cases and interacting with legal practitioners, students can gain first-hand knowledge of the challenges and intricacies of Syariah judicial proceedings. Moreover, these experiences foster a sense of commitment to upholding the principles of justice and fairness within the legal profession.

In conclusion, while Syariah judicial institutions in Malaysia face formidable challenges, they also present opportunities for growth and innovation. Law and Syariah students have a pivotal role to play in this process, armed with the knowledge, skills, and passion to contribute meaningfully to the evolution of Syariah law at the local and international level. Through collaboration, education, and a commitment to excellence, these students and graduates can help strengthen Syariah judicial institutions in future, ensuring their relevance and effectiveness in the ever-changing legal landscape.