Sat , Aug 15 2020
Home / Library / Articles / Discourse on Hudud in Malaysia: Addressing the Missing Dimension

Discourse on Hudud in Malaysia: Addressing the Missing Dimension

This study argues that the discourse on hudud would not be complete unless hard questions surrounding its substance and practical procedures are judiciously disposed.

Much has been written on the issue of applicability of hudud law in Malaysia. But, by and large, the discourse revolves around its feasibility or otherwise in the context of the existing legal framework at the behest of local academia as well as politician. Little attention has been paid to the question of the type and model of hudud that is going to be codified.

Implementation of Islamic criminal law particularly of the hudud at present time, beyond its politics, raises numerous juridical problems of substantive law, procedure and evidence. Its recent practice by some countries has been viewed as premature and arbitrary on these accounts. When debating such possibilities in Malaysia, the approaches seem to have been more legalistic than jurisprudential. To me this is a dimension which needs to be thrashed out if we are desirous of sensible application of such laws in Malaysia. To this end, this paper after offering an over view of the legal discourse on the issues, attempts to point to some serious juridical questions under the subheading of rethinking hudud issues with the purpose of stimulating enlighten discussion of hudud in the country.

Bibliographic Information

Title: Discourse on Hudud in Malaysia: Addressing the Missing Dimension

Author: Sayyid Sikandar Shah Haneef

Published in: Journal of Islamic Law and Culture, Vol. 12, No. 2, July 2010

 Language: English

Length: 15 pages

Click Here to Download the Article

Check Also

Shia Muslim Scholars’ Joint Statement on Burial of Coronavirus Deceased

Shia Muslim scholars in the UK in a joint statement on burial of deceased during COVID-19 crisis requested “community leaders and organizations to observe their religious responsibilities and make available any existing Qosl facilities and make available the necessary PPE kits to cope with the number of deceased”.

Leave a Reply

Your email address will not be published. Required fields are marked *