Islamic Law is refer to the Shariah law which derived from the main source, Al-Quran.

1. Differences between Islamic and
Conventional Law
Presented to
Dr. Yusuf Sani Abubakar

2. Group Members
Mst Monira Parvin (230903)Sman Tairos (230698)
Ezura Binti Mohamad Moin (231765) Nur Raihanna binti Ghazali (233827) Nurul Syafika binti Mohd Kassim (233822)

3. Introduction
What is Law?
Enforceable rules of conduct in a
society
The law is a set of legal rules that
governs the way members of society
act towards one another.
Presenter: Monira Parvin

4. Islamic law vs conventional law
Islamic
Law
Shariah
Law
Conventional
Law
Civil Law
Common
Law
Presenter: Monira Parvin

5. Differences between Islamic vs conventional law
 Source of law
SunnahIstishab
Al-
Quran
Sources of
Islamic Law Ijma
QiyasIstihsan
Presenter: Sman Tairos

6. Differences between Islamic vs conventional law
1. Source of conventional law
Man Made Law
Law of Nation (Culture)
Human Experiences
Presenter: Sman Tairos

7. Differences between Islamic vs conventional law
 Temporary and permanent
Islamic law Conventional law
All laws does not change according to
time and place.
Accepts changes according to the
circumstances, times and places and the
wishes of the lawmakers.
Through the Quran and also as-Sunnah:
permanent and relevant
According to the time-cycle and subject
to the government: allowed to pay to
reduced penalty.
Sacred comes from Allah S.W.T with the
nature of perfection: hudud and qisas
Created by humans to control human
behaviour itself: traffic rules, land rules,
so on.

8. Differences between Islamic vs conventional law
Goals behind the laws
Islamic law Conventional law
The law created by Allah SWT for
universal well-being
The law of the relationship between
government and individuals
More to educated either individual or
community as tarbiah
To control and regulate the lives of the
people and to oppose tyranny
To improve on social welfare of the
society, establish justice, create peace
and harmony in society
To organize society in civilized ways, and
to promote certain philosophy, agenda
and ideology

9. Differences between Islamic vs conventional law
Future Knowledge
Islamic law Conventional law
Allah's law is perfect and comprehensive
because Allah is all knowing
human laws relies on past experience,
practices from the past and culture to
obtain new rulings
His Sunnah cannot be changed Always changing based on their
knowledge
Suitable for all nature and environment Does not suitable for all nature and
environment

10. Differences between Islamic vs conventional law
Universality of Law
Islamic law Conventional law
Universal Not universal
Suitable and applies for all people and
country
Applies only for a particular country. Eg
implementation of hudud
Laws made to bring guidance, happiness,
safety as well as ensure justice for all
Laws made to be spread by an
individuals who are concerned with the
ethical behaviour

11. ESSENTIAL CONCEPT OF ISLAMIC LAW
Al-AhakamAl-Tafsiliyyah
(Detailrules)
Fiqh Ibadat
Fiqh Muamalat
Fiqh Munakahat
Fiqh Jinayat
1-

12. ESSENTIAL CONCEPT OF ISLAMIC LAW
2- Al-Ahkam Al-Ijamaliyyah (General rules)
 Defined as principles or methodology used by the jurists
(mujtahid) to deduce the practical Shari`ah ruling from their
sources.
 The procedure in understanding and exposing the Qur'an and
al-Sunnah when formulating the law.

13. ESSENTIAL CONCEPT OF ISLAMIC LAW
Example:
“O ye who believe! Devour not each other’s property in defiance of the law, but let there
be amongst you traffic and trade (sale) by mutual consent and good-will, nor kill or
destroy yourselves for verily Allah has been to you Most Merciful” (al-Nisa’, 4:29)
• The Qur`an is the source of the Shari`ah and the text or verse is the
specific provision which provide of the rule or law (hukm).
• In this verse Allah forbids believers to eat, exploit, use, (and any other
forms of transgression) the property of others with the wrong way, that
is not permitted by the Shari'ah.
• Allah also forbids suicide, either killing oneself or killing each other.

14. Application of Islamic law in Malaysia banking and finance
Malaysia is pursuing two different tract of legal system namely civil
courts and Islamic Sharia courts
Malaysia has its own law and regulation which is used to govern the
Islamic banking and financial institutions namely Islamic Financial
Service Act 2013 (IFSA2013).
Islamic banking and financial institutions must establish their own
Shariah Advisory committee
Presenter: Sman Tairos

15. Application of conventional law in Malaysia banking and finance
Malaysia has been committed to a gradual and progressive liberalization
of financial sector by implementing rules and regulation which can create
a strong bone and linkage with global economy.
The main regulatory body for banking and financial institution in Malaysia
are Bank Negara Malaysia (BNM), Security Commission (SC) and Labuan
FSA.
In order to regulate the conventional banking and financial institutions,
BNM has issued the Financial Service Act 2013.
Presenter: Monira Parvin

16. Conclusion
law plays a very significant role in order to establish a peaceful
society and eradicate crime and inhuman acts
 Law has been divided into two main subsection namely Islamic law and
conventional law.
Presenter: Monira Parvin