Human rights perspectives on issues in the implementation of Islamic criminal law in Malaysia

Mohd Kamal, Mohd Hisham (2019) Human rights perspectives on issues in the implementation of Islamic criminal law in Malaysia. PETITA: Jurnal Kajian Ilmu Hukum dan Syariah, 4 (1). pp. 46-54. ISSN 2502-8006 E-ISSN 2549-8274

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Abstract

This paper discusses the implementation of Islamic Criminal Law in Malaysia from the human rights perspectives. It looks at Syariah Criminal Offences Enactments and Syariah Criminal Procedure Enactments of States forming the Federation, and deals with the issues of the victimless Syariah offences of khalwat, fornication and drinking intoxicants, determining whether such criminalization is compatible with human rights. Discussion also deals with the issues of sanction and procedures, in finding out the extent to which Malaysia is complying with its International Human Rights Law obligations, if there is any. This paper finds that the Syariah statutory provisions are compatible with the human rights concept. In some extends, Syariah law can explore law uncertainty, because referring to God’s law not nature law. Most of human rights concept have come from the philosophy of nature law. Thus, the approach of nature law will always change depending of time period. However, Syariah law need to improve the training of religious enforcement officers on how to carry out their duties.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Human Rights Perspectives, Islamic Criminal Law, Islamic Human Rights
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) K Law > K Law (General)
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:	Dr. Mohd Hisham Mohd Kamal
Date Deposited:	11 Sep 2023 16:28
Last Modified:	11 Sep 2023 16:28
URI:	http://irep.iium.edu.my/id/eprint/106510

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