Restorative and Retributive Justice in Shariah and in Malaysia: A Review

Restorative and Retributive Justice in Shariah and in Malaysia: A Review. Journal of Contemporary Islamic Law, 3 (1). pp. 35-41. ISSN 0127-788X (2018)


Punishment in Islam is categorised into two, namely in forms of restorative and retributive. The punishment most commonly adopt is retributive, whereby it is punishing the offender for his past committed offences. Meanwhile, restrorative is the punishent that is rehibiliting in nature but quite unpopular in Islamic law in Malaysia. This study aims to discuss on the concept, nature and objective of these two forms of punishment. Furthermore, this study aims to identify the differences and similarities between these two forms of punishnmet. The shariah provision clearly shows that the restorative and retributive punishment exists in Islam. Even in one stage, it is seen that Islam itself encourages us to choose restorative instead of retributive punishment. A few cases have been decided by the Shariah Court in Malaysia that aims to study the extent of implementation of restorative punishment imposed to the offender. Moreover, this study discusses the extent of both forms of punishment as adopted by the Shariah Court in Malaysia. References also are made towards a few aaplicable Islamic law in Malaysia such as the Criminal Procedural Law, Shariah Criminal Procedural Law and also Act of Shariah Court (Criminal Jurisdiction) 1965 Act 355. Suggestions to ammend Act 355 is utmost welcomed to ensure the punishment imposed on the criminal shariah offenders is not only retributive in nature, but also restorative.

Item Type: Article
Keywords: Shariah, Restorative, Retributive, Crime, Malaysia
Taxonomy: By Subject > Law > Malaysian Islamic Legal System
Local Content Hub: Subjects > Law
Depositing User: Eza Eliana Abdul Wahid
Date Deposited: 17 Sep 2021 23:41
Last Modified: 17 Sep 2021 23:41
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