Penyelesaian terhadap konflik ketidakseragaman undang-undang jenayah Syariah di Malaysia: Suatu analisis bagi kesalahan tatasusila
The jurisdiction of Syariah Court is very limited which causes the development of the implementation of Syariah criminal laws since the colonial period until now to be very slow. The conflict of legislation between civil law and Islamic law are remains until now. In fact, shariah criminal law als...
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| Format: | Thesis |
| Published: |
2021
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| Subjects: | |
| Online Access: | http://library.oum.edu.my/repository/1535/1/library-document-1535.pdf http://library.oum.edu.my/repository/1535/ |
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| Institution: | Open University Malaysia |
| Summary: | The jurisdiction of Syariah Court is very limited which causes the development of the
implementation of Syariah criminal laws since the colonial period until now to be very
slow. The conflict of legislation between civil law and Islamic law are remains until now.
In fact, shariah criminal law also faces a variety of problems due to the diversity of
policies and provisions of the law, shapes and the number of punishments set by the state's
government. Hence, the objectives of this study are to clarify the framework of shariah
criminal law in Malaysia regarding disciplinary offences, to analyse the conflict of its
inconsistency and to propose the solution methods towards the conflict of inconsistencies
of such laws. In summary, disciplinary offences are offences related to moral and sexual.
The provisions of laws relating to these offences can be found in the The State Syariah
Criminal Offences Act/ Enactment. The findings indicate that The Enforcement and
Prosecution Divisions needs to be improved so that the enforcement of syariah criminal
law can be empowered. Various parties should work hand-in-hand in order to standardise
the law of these disciplinary offences so that they can be enforced and implemented in a
more orderly manner. Moreover, the existing laws need to be amended from time to time
to ensure that they are in line with local current needs and fulfilling the Islamic law
requirements. Hence, the Act 355 needs to be amended in advance to enable The State |
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