Incorporating restorative justice in dealing with matrimonial offences in the syariah courts of Malaysia

Hussin, Nasimah (2025) Incorporating restorative justice in dealing with matrimonial offences in the syariah courts of Malaysia. In: The International Conference on Islamic Law: Malaysia & Algeria & Round Table Discussion (RTD) On Islamic Social Finance & Waqf, 17th - 19th February 2025, University of Algiers 1, Great Mosque of Algiers.

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Abstract

Criminal justice system as exercised in Malaysia today is retributive in nature which considers punishment as an acceptable response to crime. It neglects its role to create self-consciousness on accountability towards the damage that has been done. On the contrary, restorative justice is a diversion of a traditional criminal justice system which aims to restore whatever has been affected by the aggrieved parties caused by the crime. Since restorative justice benefits the accused, the aggrieved party and the community, recently, restorative justice has been recognized by the United Nation as part of criminal justice system. In fact, it has long existed in Islam as provided in the Qur’an and Sunnah of the Prophet s.a.w. where in certain criminal cases, the parties involved are encouraged to resolve cases among themselves instead of referring to the authority. In Malaysia, restorative justice has not been recognized formally in the criminal justice system even in dealing with offences relating to matrimony.The objective of this paper is to address the issues relating to matrimonial offences and to provide suggestions as to how these questions could be answered.This paper adopts doctrinal research by analyzing legal provisions and cases related to matrimonial offences from the Malaysian law and Islamic perspectives. The research is mainly library-based research. From the study, it can be concluded that the criminal jurisdiction of Syariah courts of Malaysia is limited. The punishments provided for in Islamic Family Law Enactments and the Syariah Criminal Offences Enactment of the States are retributive in nature which are to punish the offender proportionate to the harm caused. Therefore, the criminal justice system should be responsive and receptive to both parties, i.e. the offender and the aggrieved party. It is proposed that the authorities concerned revise the current criminal justice system to incorporate restorative justice to resolve issues relating to matrimonial offences.

Item Type:	Proceeding Paper (Plenary Papers)
Uncontrolled Keywords:	Restorative Justice, Matrimonial Offences, Syariah Court, Islamic Law
Subjects:	K Law > K Law (General) K Law > K5000 Criminal Law K Law > K670 Family Law 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
Depositing User:	Nasimah Hussin
Date Deposited:	15 Dec 2025 12:36
Last Modified:	15 Dec 2025 12:36
Queue Number:	2025-12-Q957
URI:	http://irep.iium.edu.my/id/eprint/125850

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