Criminal Law In Malaysia Case Study

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The implementation of syariah criminal offences and human right issues in Malaysia The issue of Islamic law in Malaysia is a very divisive issue. Politically and academically, this issue is dividing Malaysians into so many camps with opposing views with each other. There are those who oppose the law for being a threat to the so-called secular Malaysia?, and also those who oppose the law for its inability to accommodate with the today?s standard of human right. And with the latest plan by the Pan-Malaysia Islamic Party (PAS) to propose a motion to amend the current limitation on Islamic law, the debate still lives on?. What Is Islamic Criminal Law Briefly, Islamic criminal law composed of three major components, Hudud, Qisas and Ta?zir. Hudud…show more content…
These rights are considered to be the basic right that must be given to every citizen of the country. Among the rights given include the right to freedom of speech, assembly and organization?, the right to freedom of religion? and also the right to protection from retrospective criminal laws or increases in punishment and repetition of criminal trials?. Malaysia is also a signatory of various international conventions on human right including The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The country?s commitment towards human right can be seen from the establishment of the Human Rights Commission of Malaysia or better known from their Malay acronym, SUHAKAM. SUHAKAM, established under the Human Rights Commission of Malaysia Act 1999 has been given the power…show more content…
It is important to note that human right does not remain static but rather an evolving idea with new rights recognized according to the changing society. What is recognized as right in 18th century society does not necessarily mean the same is still being recognized by today?s society. The most common example would be right to own slave, be it as domestic helper or for plantation. The dispute pertaining to right to own slaves led to American Civil War. However today every society believes that slavery is not a right. This evolution also contributes to today?s debate on whether gays should be allowed to get married. As mentioned, human right is not static and will always evolve according to the changing of society.Therefore the allegation that Islamic laws are against the human right idea should be scrutinized carefully. To say that Islamic laws are outright violation of human right is an overstatement. Human right is flexible enough to be interpreted differently between societies. The same goes for Muslims who practice Islamic laws, whether as an individual, or as a State. The relationship between Islamic laws and human right therefore must be studied continuously and

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