Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts

The imposition of punishment in Malaysian Syariah Court practice is limited to only 3 years imprisonment, a RM5000 fine and 6 strokes of whipping. In most cases, the offender is punished with imprisonment and fine, whilst rarely be imposed with reformative nature of punishment. This research looks f...

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Main Authors: Wan Muhammad, Ramizah, Hussin, Nasimah, Abas, Afridah
Format: Monograph
Language:English
Published: 2018
Subjects:
Online Access:http://irep.iium.edu.my/63663/
http://irep.iium.edu.my/63663/1/final%20report%20pdf%20FRGS%202015-2017%20%282%29.pdf
id iium-63663
recordtype eprints
spelling iium-636632018-07-24T07:03:13Z http://irep.iium.edu.my/63663/ Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts Wan Muhammad, Ramizah Hussin, Nasimah Abas, Afridah KBP Islamic Law KPG Malaysia The imposition of punishment in Malaysian Syariah Court practice is limited to only 3 years imprisonment, a RM5000 fine and 6 strokes of whipping. In most cases, the offender is punished with imprisonment and fine, whilst rarely be imposed with reformative nature of punishment. This research looks for the loop hole that needs to be reformed in such practice since the punishment in Islam is not only aimed to deter the offender, but also to reform the offender in all life aspects and to create a balance between the rights of the victim and the rights of the offender. In this situation, the concept and principles of restorative justice plays important part as the essential concept of restorative justice is in fact parallels with Quran and Sunnah. Apart from an urgent need for the explicit provision in the statutes, this research also calls for the inculcation of awareness among the Syariah Court Judges, Syariah prosecutors as well as Syariah practitioners on the importance of restorative justice in creating a harmonious society. 2018-05-04 Monograph NonPeerReviewed application/pdf en http://irep.iium.edu.my/63663/1/final%20report%20pdf%20FRGS%202015-2017%20%282%29.pdf Wan Muhammad, Ramizah and Hussin, Nasimah and Abas, Afridah (2018) Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts. Research Report. UNSPECIFIED, Kuala Lumpur. (Unpublished)
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP Islamic Law
KPG Malaysia
spellingShingle KBP Islamic Law
KPG Malaysia
Wan Muhammad, Ramizah
Hussin, Nasimah
Abas, Afridah
Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts
description The imposition of punishment in Malaysian Syariah Court practice is limited to only 3 years imprisonment, a RM5000 fine and 6 strokes of whipping. In most cases, the offender is punished with imprisonment and fine, whilst rarely be imposed with reformative nature of punishment. This research looks for the loop hole that needs to be reformed in such practice since the punishment in Islam is not only aimed to deter the offender, but also to reform the offender in all life aspects and to create a balance between the rights of the victim and the rights of the offender. In this situation, the concept and principles of restorative justice plays important part as the essential concept of restorative justice is in fact parallels with Quran and Sunnah. Apart from an urgent need for the explicit provision in the statutes, this research also calls for the inculcation of awareness among the Syariah Court Judges, Syariah prosecutors as well as Syariah practitioners on the importance of restorative justice in creating a harmonious society.
format Monograph
author Wan Muhammad, Ramizah
Hussin, Nasimah
Abas, Afridah
author_facet Wan Muhammad, Ramizah
Hussin, Nasimah
Abas, Afridah
author_sort Wan Muhammad, Ramizah
title Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts
title_short Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts
title_full Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts
title_fullStr Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts
title_full_unstemmed Assuring justice in Malaysia: ensuring restorative justice in the Syariah courts
title_sort assuring justice in malaysia: ensuring restorative justice in the syariah courts
publishDate 2018
url http://irep.iium.edu.my/63663/
http://irep.iium.edu.my/63663/1/final%20report%20pdf%20FRGS%202015-2017%20%282%29.pdf
first_indexed 2023-09-18T21:30:16Z
last_indexed 2023-09-18T21:30:16Z
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