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Malaysia is a country very peaceful and sovereign which is based on the federal

constitution of Malaysia system. In the federal constitution of Malaysia system,


Yang di-Pertuan Agong as the head of state whose role are largely ceremonial.
Federal constitution of Malaysia is the highest law in Malaysia and be the pioneer
to all law in Malaysia. This law is set out to all Malaysians and this law must follow
by all Malaysians and permanent resident which is living in Malaysia. The purpose
of federal constitution of Malaysia is to guarantee the integrity and sovereignty of
the country, as a reference in a legal system, creating national stability, control of
government administration and maintaining peace of the country. Philosophy of
the existence of constitution is a symbol of nations independence. The
Constitution is basic documents to a system of a country. Based on prospective
Malaysia's legal system, the constitution can avoid from any negative elements
which would violate the sovereignty of Malaysia. For example, in 2016, a lot of
cases being tried in the court which is conflicted to the constitution or law in
which they want to the constitution or law enacted through the court. The
constitution or laws cannot be enacted by the court but through parliament. The
agreement of the bill must obtain the consent of two-thirds of votes member of
parliaments. If passed, the Bill will be presented to the Yang di-Pertuan Agong to
be considered within 30 days. If he does not agree, the Bill will be returned to the
Parliament together with some of the proposed amendments. Parliament then
must review the Bill and the amendment and restore it back to the Yang di-
Pertuan Agong if the Bill passed again. The Yang di-Pertuan Agong has 30 days to
give the Royal assent. After this period, the Bill shall be deemed approved as laws
can take effect. This law will only take effect once proclaimed as in the gazette.
Besides, the constitution is the highest laws in the country and it used as the
reference in the legal system. Any act contrary to the constitution will be the
judge in court. With the availability of constitution, it will be more stable and
more secure from the riots and unstable politics. The will also not easily captured
by other countries and will continue to be sovereign. The constitution also will
control the government from making anything that opposite with principle of
nation sovereign by abuse of power such money laundering, corruption and so
on.

The definition of law in oxford dictionary is the system of rules which a particular
country or community recognises as regulating the actions of its members and
which it may enforce by the imposition of penalties (Oxford University Press,
2015). In article 160 (2) of the Federal Constitution, Law included written law,
the common law in so far as it in operation in the Federation or any part thereof,
and any custom or usage having the force in the Federation or any part thereof
(Federal Constitution, 2003). In Malaysia, the law of Malaysia is based on the
common legal law system. The aim of the law is to attain the justice in society. It
also to encourage the doing of what is right or just in a particular set of
circumstances. Malaysia which is consist of peninsular Malaysia, Sarawak and
Sabah is one political unit but it is not governed by the same set of laws. There
are the necessary links to unite all parts of Malaysia are the Parliament and the
Federal Court. The Federal Court acts as the final court of appeal for the whole
country and the Parliament can and does legislate for the whole country. The
Federal Constitution is the supreme law of the land while, for the State
Constitution, the law is made by the state to govern her own state. If there are
any laws made by the Parliament or State Constitution that inconsistent with
Federal Constitution is void. In article 74 of Federal Constitution, it provides that
Parliament may make laws with respect to any of the matters enumerated in the
Federal Lists, State Legislature may make laws in respect to any of the matters
enumerated in State list. The Parliament and State Assembly may also make laws
with respect to any matters enumerated in the Concurrent List. But, there
inconsistency, laws made by Parliament shall prevail (Federal Constitution, 2003).
The classification of law is the public law, international law and private law. For
the public law, the law which governs the relationship between the individual and
the State. The public law has divided by constitution and criminal law. The
constitution law lays down the right of individuals in the state and the criminal
law codified the various offences committed by individuals against the State.
Second, the international law, law which regulates the relationship between one
state and another. The International Law divided by two categories are public
international law and private international law. The Public International Law is the
corpus of legal rules applying between sovereign state, and for Prive international
Law is the body of rights and duties of the citizen of different sovereign states
towards one another (Ir Harban Singh, 2002). An example of international law,
the case of Pulau Batu Putih had the struggle by Malaysia and Singapura.
Malaysia and Singapore agreed to solve the problem of overlapping ownership of
Pulau Batu Puteh through International Court of Justice on 6 November 2007 at
The Hague, Netherland. On 23 May 2008, the International Court of Justice
decided that Pulau Batu Puteh belongs to Singapore while Batuan Tengah belongs
to Malaysia ( Tanaka Y., August 2008). Thirdly, the private law is law between one
individual and another individual or group. It concerned with matters that affect
the rights and duties of the individuals among themselves. An example of private
laws is the contract, tort and trust.

In Malaysia, there is the dual-track legal system comprised of civil law courts
running in parallel with Islamic sharia courts where Malay Muslim and Muslims in
Malaysian can be tried on religious and moral charges. For non-Muslim in
Malaysia, the shariah law does not apply to them. The shariah law is a sacred law
of Islam as revealed by Prophet Muhammad s.w.t and totally based on Gods
commands on duty toward Allah relationship of one Muslim with another. The
main sources of shariah law are Al-Quran and Hadiths. The secondary sources of
shariah law are Ijma and qiyas. Ijma is a consensus of the jurist of any
particular judicial rule. In Islamic jurisprudence (fiqh) the matter on which ijma of
interest is understood in one of the following ways which are, firstly, any matter
related to shariah and secondly, any matter of interest to Muslim (Dr Ahmad
Shafaat, 1984). The authority of ijma provides a conclusive proof for a view, only
an argument for a view but not a conclusive proof, only ijma of the companions
(sahaba) provides conclusive proof, silent ijma is not a conclusive proof and ijma
established by an absence of knowledge of opposition is not conclusive. Qiyas is
deductions from reasoning by ijtihad or analogy. Qiyas provided classical Muslim
jurist with method deducing laws on matters not explicitly covered by Al-Quran or
Hadith without relying on unsystematic opinion. Based on this method, the
Muslim jurist uses to derive a ruling for the new situation that are not addressed
by the Al-Quran and Hadiths. These issues can be referred back to those that are
explicitly mentioned in the sacred texts. The pillars of qiyas are original (reason),
the original law, faru (problem), Illah (nature cause to be law). The original
(reason) is the source of law set out in the Al-Quran and Hadiths or Ijma. The
original law was the law that is already known at original Islamic law which has
been endorsed at the original the would be legal at the branch. Faru is an event
that has not been prescribed it because there is no evidence that can be used as
policy. Illah is similar reasons between original and far'u nature found on the
original with the availability of properties that is, the original has a legal. Sharia
law covers the entire life of this clear we humans, namely in the areas of worship,
muamalat, munakahat, wills and succession, crime, human relations, rule and
many others. This because Allah s.w.t. set these laws to keep the Maqasid Al-
Sharia which is five a very important thing that needs to be addressed in the life
of mankind. Maqasid Al-Shariah is the aim or goals intended by Islamic law for
the realization of benefit to mankind. The categories of Maqasid Al-Sharia are Al-
maqasid Al- Daruriyyah, Al-maqasid Al-Hajiyyah and Al-maqasid Al-Tahsiniyyah.
The concepts of Maqasid Al-Daruriyyah is, firstly, protect Islam. Religion is very
need of concerned and protected in our life. With Islam, human become the best
noble creatures Allah S.W.T.. Muslim are strictly forbidden to change the religion
or apostates because it mean that default and rebellious to Allah who Creator and
whoever defaults such that blood is halal in the presence of Allah. Secondly,
protect life is the concept of Maqasid. Life is right and grant of Allah and not
belonging to us humans. Muslim was forbidden to suicide. Suicide is included in
big sin. Thirdly, protect ancestry. Islam is a very great emphasis on human
relations to continue the continuity as the Caliph in the land. The institution of
marriage is the only way attain to Allah S.W.T. and test that humans produce
legitimate offspring and holy. Islam does not recognise any relationship outside
the marriage for the purposes of producing descendants and holy. Adultery is a
big sin and Allah S.W.T. ordered so that those who do adultery with highly
punishment. Fourthly, Maqasid is keep the intelligence. Muslim should be clean
his mind from things that may cause fall into vices. Only those who are sane
intellect will submit to the command of Allah and avoid his Prohibitions. In islam,
any alcoholic intoxicate is illegal and muslim is forbidden from drink it. Lastly,
take care of the property. The property is given by Allah S.W.T. need to be treated
with care. Property are necessery with good roads and not violate the islamic law.
Al-maqasid Al-Hajiyyah is to establish ease and facility and to remove hardship
and difficulty. Al-maqasid Al-Tahsiniyyah is to attain refinement and perfection in
all areas of human conduct. In Malaysia, civil court and shariah court have many
conflict and need to . But in term of implementation, Malaysia are subject and
adopted the federal constitution of Malaysia which is the foundation of the main
legislation and policies. There is no denying that Shariah law in Malaysia is
limited to the extent of some things especially munakahat thing or things that
related to it. For example, article 121 of the Federal Constitution of Malaysia was
amendment by adding clause (1A) article 121 in 1988. In the Federal Constitution
of Malaysia, article 121 (1A), among mentioned: "the courts mentioned in clause
1 Article 121 (1) of the High Court of Malaya and Sabah and Sarawak does not
have jurisdiction with respect to any matter within the jurisdiction of the Syariah
Court" (Federal Constitution of Malaysia, 2003). With this amendment, the
matters under the jurisdiction of the Syariah Court is subject fully under its
jurisdiction and the exclusive rights conferred will not allow civil court
intervention. This enactment of the Malaysian States has determined the
following become the jurisdiction of Shariah Court entirely. This is the jurisdiction
of Shariah Court, firstly, civil matters (civil) syariah court. Things that included in
civil matters (civil) shariah court such as engagement, marriage, divorce,
marriage or divorce or cancel the dissolution of marriage, judicial. Besides,
charge on the property or the granting of property as a consequence of the
marriage or divorce. A living person under obligation, it's valid, care or
maintenance of children. Grant of inter-vivos, pan-finding the right property,
endowment or nazar. Lastly, Other matters authorised shariah court by any
statutory law. Secondly, criminal matters the shariah court. Things that have in
criminal matters the shariah court are matrimony offences, offences relating to
relationship isn't legal according to Islamic law, offences related to the aspect of
worship and faith, offences of selling and buying liquor, offences in relation to
conversion and other types of offence, in addition to the above categories.
Implement of shariah law in Malaysia still limited and not yet widespread.
Offences characterised as sins and/or the vices such as drinking alcohol,
according to Shariah law involved in illegal intercourse such as adultery and
prostitution and others have given lighter punishment and inadequate. Sharia
courts in Malaysia also have to contend with the issue of the implementation of
powers is not consistent and uniform. I disagree the implementation of power of
Shariah courts is lower and not too strong like the power of civil courts. Malaysia
should be increase the power of shariah courts because Shariah law is more
relevant and more effective in keep universal harmony.

In accordance with Kamus Dewan Bahasa (1986), morality refers to the teachings
or holding good bad an Act (conduct, duties and others), attitude or how to
behave based on or measured in terms of good bad something good. On the
other hand, the moral concept meaning an awareness of teachings or possession
in respect of an act, good bad attitude or how to behave with decency and
community rules. This refers to the concept of moral behaviour control based on
standards internalised and practised by an individual. For example, a pair of
husband and wife find a baby on the edge of a Community Hall when the parents
came back to the village. Kebetulannya the couple does not have children after
10 years of marriage. They plan to bring the cute baby back to home without in
accordance with law. Finally after talking theirs agreed that national laws should
be obeyed. They bring the cute baby to the police station for further action in
accordance with the provisions of the law specified. There are a variety of views
about the concept of the moral and educational concept. According Sugarman
(1973), morale is also a "multi-dimensional". Someone who holds certain views
will affect the way your mind and his life and in turn produce different aspects of
human morality. The way the teacher or parent to educate students or child will
be affected by its view of moral concepts. Morality is an instrument of the
community as a whole to lead individuals and small groups in their lives. It is a
social institution which also aids in self-guidance or rational self-determination
among members of society. The principles of moral are autonomy, non-
maleficense, beneficence, justice, fidelity and veracity. An autonomy is self
determination of the freedom of clients to be self-governing within their social
and cultural framework. Non-maleficense is to avoid doing harm, including refrain
from action that risks hurting customers. To reduce the risk of exploitation and
practices that cause harm or have the potential to cause harm. Have insight into
multicultural awareness is import. Beneficence is doing good for others and to
promote the well-being of the customer. It can include doing good for the
community. Counseling also contributed to the growth and development of the
customer in the context of their culture. Justice is to be fair to give the same time
to others and to treat others fairly. We have a responsibility to provide
appropriate service to customers of all, regardless of age, gender, race, ethnicity,
disability, socio-economic status, cultural background, religion or sexual
orientation. Fidelity means that professionals make realistic commitments and
ensure that the promises. It involves creating a therapeutic relationship closely
and where people can find solutions and also involves the 'agreement', it is part
of in the process of counselling. Veracity is principles of story of the truth, and it
is based on respect for people and the concept of autonomy. Based the principles
of moral, we can know that moral is very impoertan in human civilization. There
are a lot of histories about the immorality of civilization and finally, all their
civilisation was punished by God. For example, a civilisation of Pompeii have
modern technologies and good architecture but they have the weird value which
is they do sex with same gender (homosexual). This was contrary to the belief
they follow and they are proud of their vile acts. God is very angry and gives to
them with big punishment. In Malaysia, there are a lot of immoral things that
currently happen. For example, there are a lot of campaigns or demostrations
which is supporting the ideology of LGBT (lesbian, gay, bisexual and transgender)
and they want that community to accept LGBT group like them and LGBT group
freedom to do their desired.
The concept of morality is divided into three aspects, namely moral content, the
form of moral, and moral dimensions. Morality has a content and its aspect are
including community regulations and noble human personality. The community
regulations are about human beings need rules that can be limiting behaviour
and the most human act itself so that humans are not too independent up to
threaten the safety and rights of others. Besides, human rules can also save time
because it is a reference for criteria when they make human selection and
decision upon an act to be done by them. According to Ashmore (1987), the book
"building a moral system says that all things in nature to act according to the
rules or the law of a particular. Humans are capable of setting the goals of his life
according to certain situations and create rules for achieving these goals.
Secondly, noble human personality. The human need to have someone with good
personality and can be hailed to be treated as a human moral. Has provided
evidence that the noble personality is a very important trait for someone human
and order of life in a society. Based on western education researchers
implementation of Moral education in schools of Western countries submitted a
statement that noble moral character development at a person current students
learning in schools are the curriculum in Moral Education subjects. This is
because educators in these countries would agree that this is the moral content
of moral imperative in the development of an individual.

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