The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law

There are strict evidentiary requirements that need to be fulfilled before a person can be found guilty in a court of law. The avoidance of infliction of punishment of hudud where there exists a situation called shubhah (doubt) is based on the Hadith of Prophet s.a.w. which says, "Set aside the...

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Main Authors:	Hussin, Nasimah, Zawawi, Majdah
Format:	Conference or Workshop Item
Language:	English English English
Published:	2013
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/34400/ http://irep.iium.edu.my/34400/ http://irep.iium.edu.my/34400/1/ISLAC_2013_final_paper-_Dr.Nasimah_%26_Dr.Majdah_%28UIAM%29.pdf http://irep.iium.edu.my/34400/2/seminar-programmeISLAC2013.pdf http://irep.iium.edu.my/34400/3/ISLAC2013presenter.pdf

id	iium-34400
recordtype	eprints
spelling	iium-344002014-10-08T02:58:58Z http://irep.iium.edu.my/34400/ The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law Hussin, Nasimah Zawawi, Majdah KBP1 Islamic law.Shariah.Fiqh There are strict evidentiary requirements that need to be fulfilled before a person can be found guilty in a court of law. The avoidance of infliction of punishment of hudud where there exists a situation called shubhah (doubt) is based on the Hadith of Prophet s.a.w. which says, "Set aside the execution of hudud punishments in cases of doubt (shubhah)." The rule of avoiding hudud due to shubhah not only applies to hudud cases, but it can also be applied in qisas and ta'zir crimes. This is because the main aim of the principle is to maintain justice and to guarantee that the rights of the accused are protected. This paper looks at the meaning of shubhah, its types and discusses how this concept has been used to ensure that the application of punishment is done in a practical manner. This paper also examines the practice of Shari’ah Courts in Malaysia when considering shubhah in the determination of punishment. It is submitted that the existence of shubhah can be used as a mechanism to ensure that the application of punishments are not issued at the whims and fancies of the judges. This clearly shows that the operation of the Islamic criminal justice system operates in moderation and looks into the welfare of not only the victim but also balances it with the rights of the accused persons. 2013-12-01 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/34400/1/ISLAC_2013_final_paper-_Dr.Nasimah_%26_Dr.Majdah_%28UIAM%29.pdf application/pdf en http://irep.iium.edu.my/34400/2/seminar-programmeISLAC2013.pdf application/pdf en http://irep.iium.edu.my/34400/3/ISLAC2013presenter.pdf Hussin, Nasimah and Zawawi, Majdah (2013) The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law. In: International Seminar On Islamic Jurisprudence In Contemporary Society 2013 (ISLAC 2013), 30 Nov - 01 Dec 2013, Kuala Terengganu. (Unpublished) http://www.unisza.edu.my/islac2013/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Hussin, Nasimah Zawawi, Majdah The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law
description	There are strict evidentiary requirements that need to be fulfilled before a person can be found guilty in a court of law. The avoidance of infliction of punishment of hudud where there exists a situation called shubhah (doubt) is based on the Hadith of Prophet s.a.w. which says, "Set aside the execution of hudud punishments in cases of doubt (shubhah)." The rule of avoiding hudud due to shubhah not only applies to hudud cases, but it can also be applied in qisas and ta'zir crimes. This is because the main aim of the principle is to maintain justice and to guarantee that the rights of the accused are protected. This paper looks at the meaning of shubhah, its types and discusses how this concept has been used to ensure that the application of punishment is done in a practical manner. This paper also examines the practice of Shari’ah Courts in Malaysia when considering shubhah in the determination of punishment. It is submitted that the existence of shubhah can be used as a mechanism to ensure that the application of punishments are not issued at the whims and fancies of the judges. This clearly shows that the operation of the Islamic criminal justice system operates in moderation and looks into the welfare of not only the victim but also balances it with the rights of the accused persons.
format	Conference or Workshop Item
author	Hussin, Nasimah Zawawi, Majdah
author_facet	Hussin, Nasimah Zawawi, Majdah
author_sort	Hussin, Nasimah
title	The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law
title_short	The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law
title_full	The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law
title_fullStr	The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law
title_full_unstemmed	The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law
title_sort	application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in islamic criminal law
publishDate	2013
url	http://irep.iium.edu.my/34400/ http://irep.iium.edu.my/34400/ http://irep.iium.edu.my/34400/1/ISLAC_2013_final_paper-_Dr.Nasimah_%26_Dr.Majdah_%28UIAM%29.pdf http://irep.iium.edu.my/34400/2/seminar-programmeISLAC2013.pdf http://irep.iium.edu.my/34400/3/ISLAC2013presenter.pdf
first_indexed	2023-09-18T20:49:35Z
last_indexed	2023-09-18T20:49:35Z
_version_	1777409904309436416

The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal law

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