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Community service order as alternative punishment in Syariah court: an analysis

Abas, Afridah and Hussin, Nasimah (2017) Community service order as alternative punishment in Syariah court: an analysis. Pertanika Journal of Social Sciences and Humanities, 25 (S (Oct. 2017)). pp. 241-250. ISSN 0128-7702 E-ISSN 2231-8534

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Syariah courts in Malaysia have the jurisdiction to impose punishments up to 3 years imprisonment, 6 strokes and RM5000 fi ne or combination of any two or three of the punishments (Criminal Jurisdictions) Act (Amendment 1984). Referring to Syariah Criminal Offences Act, Syariah Court Judge has the discretion to impose punishment for fi rst offender, youthful offender, woman offender and those who has previous conviction. The judge can consider light punishments as an alternative to the punishment provided for that particular offence. Hence, a judge can use his discretion to order for good behaviour or send the offender to rehabilitation centre/approved home. This paper seeks to examine the possibility of the Syariah Court to give an order of community service as an alternative punishment. This research is basically qualitative and analysis based on the discussions of the implementation of a community service order as practised by civil courts.

Item Type: Article (Journal)
Uncontrolled Keywords: Alternative punishment criminal offender, order for community service, Syariah court
Subjects: K Law > K Law (General)
K Law > K5401 Criminal Procedure
K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Nasimah Hussin
Date Deposited: 13 Jul 2023 16:25
Last Modified: 13 Jul 2023 16:26
URI: http://irep.iium.edu.my/id/eprint/105513

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