Islamic Criminal Law In Malaysia
However by article 121 1a of the constitution of malaysia today exclusive jurisdiction has been given to the syariah courts in the administration of islamic laws.
Islamic criminal law in malaysia. Mokhtar khairil azmin 2015 implementation of islamic criminal law syariah offences in a modern democratic federal country. 3 department of syariah faculty of islamic studies universiti kebangsaan malaysia. Islamic criminal law conference 2015 30 april 3 may 2015 antalya turkey. Islamic law is followed throughout the.
The debate in malaysia is covered in a separate section in some detail. A state in malaysia has introduced public. The paper also discusses the crimes under qisas retaliation and ta zir discretionary punishment. The court is known as the syariah court.
The dual system of law is provided in article 121 1a of the constitution of malaysia. Article 3 also provides that islamic law is a state law matter with the exception for the federal territories of malaysia. Caning was introduced as part of an effort to streamline sentencing under islamic criminal law. This is because malaysia provides a good case study of the problematics of islamic criminal law in a contemporary muslim society with effects on a sizeable non muslim minority.
12 laws of malaysia act 559 c degrades or brings into contempt any law relating to thereligion of islam for the time being in force in the federalterritories shall be guilty of an offence and shall on conviction be liable toa fine not exceeding three thousand ringgit or to imprisonment fora term not. The provision of islamic criminal law are provided in the shariah criminal code enactment ekjs which the enforcement can only be enforced on muslims only section 3 enactment 2 syariah criminal. 2 criminal investigation division d5 royal malaysia police bukit aman kuala lumpur. The legal and constitutional issues and challenges in malaysia.
Calls by malaysia s islamist opposition party for strict islamic law that includes amputations and stonings is symptomatic of a drift to more conservative islam in politics and could further. 1 faculty of law universitikebangsaan malaysia. Islamic laws have been administered not only by the syari ah courts but also the civil courts. The discussion lays down the principles of islamic criminal law and sheds light on how islam deals with criminal happenings in society.