Harmonisation of prescribed punishment (Hadd) in Islamic Law and under the Malaysian penal law: a mere fantasy or a reality?

Mohamad Yunus, Mohamad Ismail and Mohamad Hanifa, Shamshina (2005) Harmonisation of prescribed punishment (Hadd) in Islamic Law and under the Malaysian penal law: a mere fantasy or a reality? Jurnal Undang-undang, 9 (1). pp. 201-216. ISSN 1511-0281

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Abstract

The implementation of hudud is generally seen as a necessary component of the Islamic resurgence movement and it is, as such, by no means confined to certain states. There are those, of course who maintain that the implementation of hudud offers a good answer to the problem of rising criminality and that in any case, Muslims have no choice in the matter of implementing divine law. On the other hand, a general expression of concern that implementing hudud under contemporary conditions where the individual is surrounded by an endless series of temptations might amount to oppression and injustice. This article aims at looking into the nature of hadd in the first place, reviewing the present Hudud Bills and trace the loopholes in them, and finally suggest some recommendations to solve the problem of implementing hudud law in a multiracial society like Malaysia.

Item Type:	Article (Journal)
Additional Information:	1688/8275
Uncontrolled Keywords:	prescribed punishment (Hadd), Islamic law, Malaysia, penal law
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	16 Dec 2011 10:57
Last Modified:	21 Oct 2014 09:05
URI:	http://irep.iium.edu.my/id/eprint/8275

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