Qazaf (False Accusation) in Malaysian syariah criminal law: a current analysis. Kamun: Jurnal Undang-undang Malaysia, 31 (1). pp. 264-289. ISSN 2682-8057 (2019)
Abstract
Qazaf (or false accusation) is one of the crime under the hudud category, which the punishments are fixed in Islamic law, either through al-Quran or as-sunnah. In the context of its implementation in Malaysia, generally the Federal Constitution places qazaf offence under the criminal jurisdiction of Syariah law enforced by the states. Nevertheless, based on the library research on the Syariah criminal law in every states, it has been discovered that there is an apparent inconsistency in terms of the implementation surrounding qazaf offences. In fact, the states have different interpretation on the very definition of qazaf. Pursuant to this inconsistency, there is an alarming concern that the Syariah law may be placed in a bad light. This finding is further supported by decided cases from the Syariah court. This article further proposes several recommendations to strengthen the implementation in relation to the enforcement against qazaf offence. This is to ensure the legal provisions provided are meaningful, appreciable by the society and do not merely serve as a tool to fill in the imminent lacuna.
| Item Type: | Article |
|---|---|
| Keywords: | Qazaf (false accusation), Adultery, Sodomy, Federal Constitution, Syariah criminal law, Syariah criminal law enactment |
| Taxonomy: | By Subject > Law > Criminal Trial & Advocacy By Subject > Law > Malaysian Islamic Legal System |
| Local Content Hub: | Subjects > Law |
| Depositing User: | Eza Eliana Abdul Wahid |
| Date Deposited: | 28 May 2021 15:54 |
| Last Modified: | 28 May 2021 15:54 |
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