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 fro...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
2014
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/5004/1/FH02-FUHA-18-16318.pdf http://eprints.unisza.edu.my/5004/ |
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| Summary: | 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 |
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