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
Related Articles
- EP ID EP562712
- DOI 10.6007/IJARBSS/v8-i4/4074
- Views 91
- Downloads 0
The Propose Module for Art Appreciation teaching Amongst Secondary School’s Teachers
This study is about concept paper that propose module for Art appreciation teaching amongst secondary school’s teachers. The aims of the study is to identify issues concerning the level of knowledge in art appreciation t...
Applying the Thematic Hadith Method in Research Related to Islam
Various researches have been carried out by Islamic academicians, especially Islamic academicians from the past, related to fields they had explored such as beliefs (aqidah), Islamic jurisprudence (fiqh), mystical dimens...
Modelling of Emotional Resilience Factors through Challenging Situations for Head Teachers: A Review
Many previous studies have been done to determine qualities create resilient leaders to cope everyday workload in schools and the impacts to the school’s performance. This study intends to identify the factors that contr...
Testing the Existence of Cobb-Douglas and CES Production Functions in Nigeria
Following the numerous arguments for and against the production functions, this research work tries to find out if the production functions, particularly the Cobb-Douglas and Constant Elasticity of Substitution (CES) pro...
Citizen Journalism in Action: Empowering the Rural Community via Citizen Journalism
Citizens including in rural areas have adopted the internet to create alternative space for multiple viewpoints. In many occasions, rural development received limited coverage from the mainstream media. The issue limited...