您搜索了: timbalan pendakwa raya (马来语 - 英语)

timbalan pendakwa raya
dpp

pendakwa raya
prosecutors

pendakwa raya maksud
prosecutors intent

persediaan kertas siasatan - sumber kuasa , setiap keputusan sama ada untuk mendakwa atau tidak mendakwa terletak pada pendakwa raya , mengikut perkara 145(3) perlembagaan persekutuan
preparation of case investigation paper procedures before prosecution takes place in the court

tun salleh abbas, tuan yang dipertua (sebagaimana beliau ketika itu) menyatakan, dalam kes che omar che soh lwn pendakwa raya [1988] 2 mjl 55 "... bahawa walaupun islam adalah cara hidup yang lengkap meliputi semua bidang aktiviti manusia, ini bukanlah maksud yang dimaksudkan dalam perlembagaan ...." dengan merujuk kepada pemerhatian di atas dan pihak berkuasa yang berkaitan, bincangkan sejauh mana undang-undang islam boleh digunakan sebagai sumber undang-undang dalam sistem perundangan kita.
prior to 1887, it was not known that islamic law had existed in malaysia; in that year, a rectangle shaped stone was found in kuala berang, terangganu, with an inscription which detailed a code of islamic law. the stone was dated in the year 1303, hundred of years earlier then the law of malacca code was first introduced. islamic law was established in malaysia by the fourteenth century. during the colonial period, the british did not interfere with religion in the country. islam was adopted as the religion of the state, with the constitution providing that the leader in each state must be a muslim. yet, the constitution also guarantees full religious freedom to members of all faiths. with the exception of putrajaya, the new administrative capital of malaysia, each state in malaysia, including the federal territories (kuala lumpur and labuan) has its own religious council. the function of this council is to advise the ruler, or the king in non-ruler states, on muslim and islamic matters. all of these councils are established by state law. the federal constitution also provides that a state legislature has power to enact laws relating to, inter alia, personal and family law for muslims, muslim waqf, zakat, fitrah, baitul mal, mosques, the creation and punishment of offences by muslims against precepts of islam, muslim courts, the control and propagation of doctrines and beliefs among muslims, and the determination of matters of muslim law. the muslim courts established by state authorities have jurisdiction only over muslims, and have no jurisdiction over criminal offences, unless specifically conferred by federal law. most of the islamic law that has been enacted in the states of malaysia has developed into an independent legal system, substantially different from the strict islamic law of the shariah, except perhaps in family law. prior to independence, a constitutional amendment was passed which resolved any questions of power or jurisdiction which might arise between the shariah court and the civil court. this amendment stated that no court has jurisdiction in any matters which are under the jurisdiction of the shariah court; in effect, the civil court has no influence on the jurisdiction of shariah court. problems occasionally arise in the implementation of islamic criminal law. the enactment of the shariah criminal code in each state does not distinguish between the three types of crimes in islamic law, which are hudood, qisas and tazir; rather, they are all combined, which often produces confusion. in order to assure the confidence of the public, the shariah courts, their judges and officers have to show that islamic law is not only the best law in theory, but also the best in practical application; hence the aforementioned confusion is a serious concern. in malaysia, many books on islamic law are written in malay language, but contain many arabic terms to describe the law; therefore, many of the islamic legal resources available herein may be written in malay.