Matters over which the State Legislatures have been permitted to make laws are: Under the Federal Constitution of Malaysia, Islamic law is a matter over which the State Legislature has jurisdiction (Federal Constitution, Article 74, Ninth Schedule). However, the grant of the Charters of Justice 1826 to the Straits Settlements, and the eventual application of English law both through the judicial process and through legislation in the Malay States had effectively displaced Islamic law from its premier position, to become limited (Ahmad and Rajasingham 2001). One may agree with the argument that if colonisation had not been responsible for the introduction and application of English law in Malaysia, Islamic law would have become the law of the state (Bidin 2009 Ahmad 1999 Ibrahim and Yaacob 1997). Islamic law, which at times is referred to as hudud, has been discussed in term of its implementation (Haneef 2010). Islamic law, coupled with the various customary laws, is the foundation upon which the legal system came to be established (Shaik 1915). After independence, Malaysia attempted to harmonise civil and religious laws in the government. One of the conditions of independence is the establishment of a legal system based on English common law, with Islam as the official religion of the Federation. Undang- undang Melaka, that has elements of sharia, was introduced during the reign of Sultan Muhamad Syah (1422–1444) (Fang 2007). The sharia or Islamic law has been incorporated in the existing states’ law, such as the Undang- undang Kedah (Kedah Laws), Undang- undang Pahang (Pahang Laws), and Undang- undang Melaka (Malacca Laws). Before the independence of Malaya (now Malaysia) in 1957, the country has its ruling system mainly based on religious guidance.
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