The Development and Obstacles in Applying the Islamic Criminal Law in the State of Kelantan, Malaysia
Journal Title: International Journal of Academic Research in Business and Social Sciences - Year 2018, Vol 8, Issue 4
Abstract
The record of Kelantan history proved that Islamic law had been executed in the state before the colonial age. However, the development had been intervened by British colonial in 1920s that resulted jurisdiction of the Islamic criminal law turn out to be narrower according to the British administration. After independence of Tanah Melayu, status quo jurisdiction in the field ofIslamic jurisprudence stay similar and not much improve hitherto. At the same time, there is no comprehensive study was carried out pertaining to the development of Islamic law in Kelantan especially before the the Sharia Criminal Codes II Hudud and Qisas was tabled in 1992. Hence, this paper is trying to initiate an effort to elaborate positive development of the above issue until the proposed 355 Act. This study is done by implementing a qualitative research and content analysis on literatures, manuscripts,journals, legislative reports and interviews. The study is significant in revealing the development of Islamic jurisdiction in Kelantan from historical perspective in order to understand the acceptance of Malaysian government towards the law. The study also to motivate a step in implementing the Islamic criminal law in the State through amendments in the Federal Constitution as well as in related Federal Act. The findings showed that law ofhudud and qisashave been excluded since colonial era and the remaining law only takzir which cover in every aspect of penalty in the Enactment. Kelantan Government had put an effort in executing hudud and qisassince 1991 but was casted-off by the Federal Government as it is contravene to theFederal Constitution. There are options in solving the conflicts either by amending the Federal Constitution under the state list or by adding jurisdiction in criminal punishment for the Shariah Court under Federal Act.
Authors and Affiliations
Faisal Bin Husen Ismail, Jasni Bin Sulong
Keywords
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- EP ID EP562712
- DOI 10.6007/IJARBSS/v8-i4/4074
- Views 92
- Downloads 0
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