A Comparative Study of Age of Majority and Tamyiz in Islamic and Civil Laws in Malaysia

Abstract

This research is relating to the comparative study of two different laws that have been practiced in Malaysia i.e Islamic and Civil laws. Since these two sets of law are merely a vast field, the research emphasizes more on the age that, make someone liable under the laws, which is termed as bulugh and tamyiz under Islamic law and age of majority under Civil law of Malaysia. The main objective of the research is to find the similarity and identifying the inconsistency of these two laws. In achieving the goal, various references have been used, for instance Mughni Muhtaj, Syarhu az- Zarqani and al-Majmu' li an-Nawawi for Islamic law and statutes such as Age of Majority Act 1971, Evidence Act 1950, Family Reform Act 1969 for civil law of Malaysia. Hopefully, the research would provide a knowledge that Syariah is a dynamic law to be used throughout the centuries as strengthen by some similarities with the Civil law that have just been applied in this century.