Penyelesaian terhadap konflik ketidakseragaman undang-undang jenayah Syariah di Malaysia: Suatu analisis bagi kesalahan tatasusila

Norizan A. Razak, (2021) Penyelesaian terhadap konflik ketidakseragaman undang-undang jenayah Syariah di Malaysia: Suatu analisis bagi kesalahan tatasusila. Masters thesis, Open University Malaysia.

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Abstract

The jurisdiction of Syariah Court is very limited which causes the development of the implementation of Syariah criminal laws since the colonial period until now to be very slow. The conflict of legislation between civil law and Islamic law are remains until now. In fact, shariah criminal law also faces a variety of problems due to the diversity of policies and provisions of the law, shapes and the number of punishments set by the state's government. Hence, the objectives of this study are to clarify the framework of shariah criminal law in Malaysia regarding disciplinary offences, to analyse the conflict of its inconsistency and to propose the solution methods towards the conflict of inconsistencies of such laws. In summary, disciplinary offences are offences related to moral and sexual. The provisions of laws relating to these offences can be found in the The State Syariah Criminal Offences Act/ Enactment. The findings indicate that The Enforcement and Prosecution Divisions needs to be improved so that the enforcement of syariah criminal law can be empowered. Various parties should work hand-in-hand in order to standardise the law of these disciplinary offences so that they can be enforced and implemented in a more orderly manner. Moreover, the existing laws need to be amended from time to time to ensure that they are in line with local current needs and fulfilling the Islamic law requirements. Hence, the Act 355 needs to be amended in advance to enable The State

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