Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law
Existing financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to compensate the victims for losses that they have suffered....
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English English English |
| Published: |
International Islamic University Malaysia
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/57538/1/article%20intellectual%20discourse%202017.pdf http://irep.iium.edu.my/57538/7/57538_Should%20fines%20also%20benefit%20victims_SCOPUS.pdf http://irep.iium.edu.my/57538/13/57538_Should%20fines%20also%20benefit%20victims_wos.pdf http://irep.iium.edu.my/57538/ http://journals.iium.edu.my/intdiscourse/index.php/islam/article/view/997/690 |
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| Summary: | Existing financial punishments in Malaysia, usually in the form
of fines for certain offences are payable to the government. The victims (if
any) are not entitled to benefit from such payment, which implies that the
system has failed to compensate the victims for losses that they have suffered.
Another issue is the option provided for some offenders to pay a fine in lieu of
imprisonment. This negates the principle of justice as it allows the rich to pay
whilst the poor will have to face imprisonment. The question arises concerns
the effectiveness of imposing fines to remedy the ailments in society. It also
questions the reformative value of the punishment and how it can benefit the
victim. This article evaluates the existing legal framework relating to financial
punishments in Malaysia. In doing this, the objective of the article is to provide
suggestions as to how these questions could be answered by incorporating
Shari’ah principle of al-’adl |
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