Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.]

Malaysia, with twenty eight billion populations comprises sixteen per cent majority Malays, who are Muslims, has been ranked the tenth biggest consumer of alcohol in 2011 by the World Health Organization (WHO) despite the Syariah law that we have to combat such offence among the Muslims. Cases where...

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Main Authors: Bustami, Nurhamizah, Azmi, Aifa, Amrul Halim Gan, Farrah Emmylya, Abul Kamar, Nursyafiqah
Format: Student Project
Language:English
Published: Faculty of Law 2014
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Online Access:http://ir.uitm.edu.my/id/eprint/28245/1/28245.pdf
http://ir.uitm.edu.my/id/eprint/28245/
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Institution: Universiti Teknologi Mara
Language: English
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spelling my.uitm.ir.282452020-02-11T08:07:41Z http://ir.uitm.edu.my/id/eprint/28245/ Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.] Bustami, Nurhamizah Azmi, Aifa Amrul Halim Gan, Farrah Emmylya Abul Kamar, Nursyafiqah KBP Islamic law. Sharī'ah. Fiqh Malaysia, with twenty eight billion populations comprises sixteen per cent majority Malays, who are Muslims, has been ranked the tenth biggest consumer of alcohol in 2011 by the World Health Organization (WHO) despite the Syariah law that we have to combat such offence among the Muslims. Cases where Muslim youngsters are being caught consuming alcohol in public increase day by day, resulting to declination of health and morality. Being a country with majority of its population embraced the religion of Islam and with the existence of various legislations among the states to curb this offence, this problem should not have arisen. Hence, this research sought to study the efficiency of the law governing the said offence in Pahang, Kelantan, Selangor and Federal Territories as well as the possibility of enforcing a more severe punishment under Hudud law, which forms an integral part of Islamic criminal law as a solution to this problem. The research found that there is a possibility of such enforcement in Malaysia without having any constitutional issue arising. Nevertheless, in order for this solution to be possible the Syariah Courts (Criminal Jurisdiction) Act 1965, which does not have sentencing power of more than 3 years or with whipping exceeding six strokes or with fine for more than five thousands or with any combination of both, must be amended so as to increase the sentencing power of the states and subsequently, allow the states to enforce punishment of eighty strokes of whipping as has been prescribed under Hudud law. In conclusion, we recommend that such amendment should be made so that the law would not only be punitive in nature but also work as deterrence for the repeated offenders as well as future offenders. Faculty of Law 2014 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/28245/1/28245.pdf Bustami, Nurhamizah and Azmi, Aifa and Amrul Halim Gan, Farrah Emmylya and Abul Kamar, Nursyafiqah (2014) Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.]. [Student Project] (Unpublished)
institution Universiti Teknologi Mara
building Tun Abdul Razak Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Mara
content_source UiTM Institutional Repository
url_provider http://ir.uitm.edu.my/
language English
topic KBP Islamic law. Sharī'ah. Fiqh
spellingShingle KBP Islamic law. Sharī'ah. Fiqh
Bustami, Nurhamizah
Azmi, Aifa
Amrul Halim Gan, Farrah Emmylya
Abul Kamar, Nursyafiqah
Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.]
description Malaysia, with twenty eight billion populations comprises sixteen per cent majority Malays, who are Muslims, has been ranked the tenth biggest consumer of alcohol in 2011 by the World Health Organization (WHO) despite the Syariah law that we have to combat such offence among the Muslims. Cases where Muslim youngsters are being caught consuming alcohol in public increase day by day, resulting to declination of health and morality. Being a country with majority of its population embraced the religion of Islam and with the existence of various legislations among the states to curb this offence, this problem should not have arisen. Hence, this research sought to study the efficiency of the law governing the said offence in Pahang, Kelantan, Selangor and Federal Territories as well as the possibility of enforcing a more severe punishment under Hudud law, which forms an integral part of Islamic criminal law as a solution to this problem. The research found that there is a possibility of such enforcement in Malaysia without having any constitutional issue arising. Nevertheless, in order for this solution to be possible the Syariah Courts (Criminal Jurisdiction) Act 1965, which does not have sentencing power of more than 3 years or with whipping exceeding six strokes or with fine for more than five thousands or with any combination of both, must be amended so as to increase the sentencing power of the states and subsequently, allow the states to enforce punishment of eighty strokes of whipping as has been prescribed under Hudud law. In conclusion, we recommend that such amendment should be made so that the law would not only be punitive in nature but also work as deterrence for the repeated offenders as well as future offenders.
format Student Project
author Bustami, Nurhamizah
Azmi, Aifa
Amrul Halim Gan, Farrah Emmylya
Abul Kamar, Nursyafiqah
author_facet Bustami, Nurhamizah
Azmi, Aifa
Amrul Halim Gan, Farrah Emmylya
Abul Kamar, Nursyafiqah
author_sort Bustami, Nurhamizah
title Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.]
title_short Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.]
title_full Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.]
title_fullStr Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.]
title_full_unstemmed Critical analysis on the syariah law that prohibits the consumption of alcohol among Muslims. The position of law in Malaysia with special reference to Brunei law / Nurhamizah Bustami … [et al.]
title_sort critical analysis on the syariah law that prohibits the consumption of alcohol among muslims. the position of law in malaysia with special reference to brunei law / nurhamizah bustami … [et al.]
publisher Faculty of Law
publishDate 2014
url http://ir.uitm.edu.my/id/eprint/28245/1/28245.pdf
http://ir.uitm.edu.my/id/eprint/28245/
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