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The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions

Ta’zir under Islamic law refers to the punishments that can be administered at the discretion of the judge, as opposed to the hudud where most punishments are fixed by the Quran or Hadith. The ta’zir offences are not mentioned in any of the primary sources of Islamic Law. Rather, they proceed from t...

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Main Authors: Abdul Majid Tahir, Mohamed, Noor 'Ashikin, Hamid
Format: Article
Language:English
Published: 2014
Subjects:
BP Islam. Bahaism. Theosophy, etc
K Law (General)
KZ Law of Nations
Online Access:http://eprints.unisza.edu.my/4885/1/FH02-FUHA-16-06451.jpg
http://eprints.unisza.edu.my/4885/
http://erep.unisza.edu.my/2908/
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spelling my-unisza-ir.48852022-01-26T03:01:44Z http://eprints.unisza.edu.my/4885/ The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions Abdul Majid Tahir, Mohamed Noor 'Ashikin, Hamid BP Islam. Bahaism. Theosophy, etc K Law (General) KZ Law of Nations Ta’zir under Islamic law refers to the punishments that can be administered at the discretion of the judge, as opposed to the hudud where most punishments are fixed by the Quran or Hadith. The ta’zir offences are not mentioned in any of the primary sources of Islamic Law. Rather, they proceed from the discretionary authority of the sovereign as delegated to the judge. It is in the interest of due process of the law that they be codified for certainty and easy accessibility for all. This article seeks to examine the types of offences and punishments codified under the Syariah Criminal Offences (Takzir)(Terengganu) Enactment 2001. It also views the obstacles faced in the implementation of ta’zir law in the state of Terengganu and suggests solutions for better improvement of the law in such state. This study adopts library research method whereby analysis is done to relevant statutory laws, decided cases, books, journals, law reports, newspapers’ articles, conference proceedings and other periodicals. The article concludes that although the codification of ta’zir law contributes towards preventing crimes in society, the legal provisions need to be revised regularly in order to achieve its goal effectively. 2014-12 Article PeerReviewed image en http://eprints.unisza.edu.my/4885/1/FH02-FUHA-16-06451.jpg Abdul Majid Tahir, Mohamed and Noor 'Ashikin, Hamid (2014) The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions. Journal of Islamic Law Review, 10 (2). pp. 339-424. ISSN 0973-2918 http://erep.unisza.edu.my/2908/
institution Universiti Sultan Zainal Abidin
building UNISZA Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Sultan Zainal Abidin
content_source UNISZA Institutional Repository
url_provider https://eprints.unisza.edu.my/
language English
topic BP Islam. Bahaism. Theosophy, etc
K Law (General)
KZ Law of Nations
spellingShingle BP Islam. Bahaism. Theosophy, etc
K Law (General)
KZ Law of Nations
Abdul Majid Tahir, Mohamed
Noor 'Ashikin, Hamid
The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions
description Ta’zir under Islamic law refers to the punishments that can be administered at the discretion of the judge, as opposed to the hudud where most punishments are fixed by the Quran or Hadith. The ta’zir offences are not mentioned in any of the primary sources of Islamic Law. Rather, they proceed from the discretionary authority of the sovereign as delegated to the judge. It is in the interest of due process of the law that they be codified for certainty and easy accessibility for all. This article seeks to examine the types of offences and punishments codified under the Syariah Criminal Offences (Takzir)(Terengganu) Enactment 2001. It also views the obstacles faced in the implementation of ta’zir law in the state of Terengganu and suggests solutions for better improvement of the law in such state. This study adopts library research method whereby analysis is done to relevant statutory laws, decided cases, books, journals, law reports, newspapers’ articles, conference proceedings and other periodicals. The article concludes that although the codification of ta’zir law contributes towards preventing crimes in society, the legal provisions need to be revised regularly in order to achieve its goal effectively.
format Article
author Abdul Majid Tahir, Mohamed
Noor 'Ashikin, Hamid
author_facet Abdul Majid Tahir, Mohamed
Noor 'Ashikin, Hamid
author_sort Abdul Majid Tahir, Mohamed
title The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions
title_short The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions
title_full The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions
title_fullStr The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions
title_full_unstemmed The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions
title_sort codification of ta'zir law in the state of terengganu: issues and solutions
publishDate 2014
url http://eprints.unisza.edu.my/4885/1/FH02-FUHA-16-06451.jpg
http://eprints.unisza.edu.my/4885/
http://erep.unisza.edu.my/2908/
_version_ 1724079396920229888
score 13.211869

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