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Proceedings of

3rd International Conference on Advances In Economics, Social Science and Human Behaviour Study ESSHBS 2015

"THE HUDUD CONTROVERSY IN CONTEMPORARY MALAYSIA: A STUDY OF ITS PROPOSED IMPLEMENTATION IN KELANTAN AND TERENGGANU"

P. RAJANTHIRAN R. SIVAPEREGASAM
DOI
10.15224/978-1-63248-085-9-78
Pages
78 - 82
Authors
2
ISBN
978-1-63248-085-9

Abstract: “This paper explores and examines Hudud punishments in Islamic penal system, and is specifically purposed to analyse the proposed actualisation of the Hudud law in the two Malay-Muslim dominated states of Kelantan and Terengganu in the east coast of Peninsular Malaysia. This paper is legal normative with descriptive-qualitative approach on both primary and secondary resources in order to obtain a judicial view of the subject matter by employing legal-theoretical and comparative analysis. In Malaysia, the Syariah Criminal Enactment (II) 1993 of Kelantan and the Syariah Criminal Enactment 2003 of Terengganu (as proposed by PAS) allow the application of Hudud laws into the above mentioned states. However, the enforcement of the above in both these states have been suspended indefinitely as UMNO claims these laws are inconsistent with the Federal Constitution - the supreme law of the Federation. This is because the enactment of penal laws is within the jurisdiction of the federal authority”

Keywords: Hudud, Islam, Criminal Law, Punishment, Syariah, Society, Federal Constitution, Federation.

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