The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective

The debate on the death penalty seems endless. Some see the death penalty as a form of human rights violation, while others consider it as a means to preserve and protect the rights of others. This article provides an exposition of the death penalty from the international, Malaysian and Shari‛ah per...

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Main Author:	Abd Aziz, Shamrahayu
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2015
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/50296/ http://irep.iium.edu.my/50296/ http://irep.iium.edu.my/50296/1/50296.pdf

id	iium-50296
recordtype	eprints
spelling	iium-502962017-11-20T08:24:28Z http://irep.iium.edu.my/50296/ The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective Abd Aziz, Shamrahayu KBP1 Islamic law.Shariah.Fiqh The debate on the death penalty seems endless. Some see the death penalty as a form of human rights violation, while others consider it as a means to preserve and protect the rights of others. This article provides an exposition of the death penalty from the international, Malaysian and Shari‛ah perspectives. In doing this, a brief philosophy of human rights is given. Many international legal instruments, provisions of the Malaysian Federal Constitution and other relevant statutes, court decisions and the Qur’anic provisions and Sunnah are used to enrich the discussion. The study finds that the international instruments do not forbid nor encourage the death penalty. Thus, the experience of each country may contribute to the status of this capital punishment; some countries are still retaining it, while some others have repealed the punishment. Be that as it may, the Islamic legal position on the punishment remains unchanged but its application may be varied to suit different times and situations. International Islamic University Malaysia 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/50296/1/50296.pdf Abd Aziz, Shamrahayu (2015) The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective. IIUM Law Journal, 23 (1). pp. 61-84. ISSN 0128-2530 E-ISSN 2289-7852 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/156/136
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Abd Aziz, Shamrahayu The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective
description	The debate on the death penalty seems endless. Some see the death penalty as a form of human rights violation, while others consider it as a means to preserve and protect the rights of others. This article provides an exposition of the death penalty from the international, Malaysian and Shari‛ah perspectives. In doing this, a brief philosophy of human rights is given. Many international legal instruments, provisions of the Malaysian Federal Constitution and other relevant statutes, court decisions and the Qur’anic provisions and Sunnah are used to enrich the discussion. The study finds that the international instruments do not forbid nor encourage the death penalty. Thus, the experience of each country may contribute to the status of this capital punishment; some countries are still retaining it, while some others have repealed the punishment. Be that as it may, the Islamic legal position on the punishment remains unchanged but its application may be varied to suit different times and situations.
format	Article
author	Abd Aziz, Shamrahayu
author_facet	Abd Aziz, Shamrahayu
author_sort	Abd Aziz, Shamrahayu
title	The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective
title_short	The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective
title_full	The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective
title_fullStr	The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective
title_full_unstemmed	The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective
title_sort	continuing debate on death penalty: an exposition of international, malaysian and the shari'ah perspective
publisher	International Islamic University Malaysia
publishDate	2015
url	http://irep.iium.edu.my/50296/ http://irep.iium.edu.my/50296/ http://irep.iium.edu.my/50296/1/50296.pdf
first_indexed	2023-09-18T21:11:05Z
last_indexed	2023-09-18T21:11:05Z
_version_	1777411257418121216

The continuing debate on death penalty: an exposition of international, Malaysian and the shari'ah perspective

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