The Development of Whipping Punishment in the State of Kelantan: Historical Exploration and Recent Implementation in the Shariah Jurisdiction
Journal Title: International Journal of Academic Research in Business and Social Sciences - Year 2019, Vol 8, Issue 9
Abstract
Whipping is a part of hudud punishment in the Islamic criminal law, for the offence of adultery, accusing of adultery and intoxicating liquor. In recent progress, whipping sentence in the Shariah Court has attract intention of public as well as the Federal Government when the State of Kelantan has tabled a regulation to increase the amount of whipping from six stroke to hundred and to execute the law before the public. The issue arise as the additional volume has contradict to the jurisdiction that was given by the Federal Constitution. It also against the rule that was provided in the Ninth Schedule of the Second List and the Shariah Court Jurisdiction Act 1965. The study will be conducted in a qualitative way by refering to books, manuscripts, journals, law reports and interview. Meanwhile, the method of investigation is using a content analysis by studying every document that related to the topic. It is a research technique used to make replicable and valid inferences by interpreting and coding textual material of the said subject matter. The research found out that the jurisdiction of shariah court on whipping was so far left behind compared to civil court. The Federal Government should accept proposals for renewal by the state of Kelantan. In the end, the power given is for the benefit of the implementation of the shariah law in Kelantan and can be expanded to the whole country.
Authors and Affiliations
Faisal Bin Husen Ismail, Jasni Bin Sulong
Keywords
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- EP ID EP567223
- DOI 10.6007/IJARBSS/v8-i9/4663
- Views 54
- Downloads 0
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