Staff View: Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law

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:	Hussin, Nasimah, Zawawi, Majdah, Wan Muhammad, Ramizah
Format:	Article
Language:	English English English
Published:	International Islamic University Malaysia 2017
Subjects:	KBP Islamic Law
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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id	my.iium.irep.57538
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spelling	my.iium.irep.575382019-08-22T07:26:56Z http://irep.iium.edu.my/57538/ Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law Hussin, Nasimah Zawawi, Majdah Wan Muhammad, Ramizah KBP 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. 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 International Islamic University Malaysia 2017-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/57538/1/article%20intellectual%20discourse%202017.pdf application/pdf en http://irep.iium.edu.my/57538/7/57538_Should%20fines%20also%20benefit%20victims_SCOPUS.pdf application/pdf en http://irep.iium.edu.my/57538/13/57538_Should%20fines%20also%20benefit%20victims_wos.pdf Hussin, Nasimah and Zawawi, Majdah and Wan Muhammad, Ramizah (2017) Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law. Intellectual Discourse, 25 (1). pp. 187-202. ISSN 0128-4878 http://journals.iium.edu.my/intdiscourse/index.php/islam/article/view/997/690
institution	Universiti Islam Antarabangsa Malaysia
building	IIUM Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	International Islamic University Malaysia
content_source	IIUM Repository (IREP)
url_provider	http://irep.iium.edu.my/
language	English English English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Hussin, Nasimah Zawawi, Majdah Wan Muhammad, Ramizah Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law
description	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
format	Article
author	Hussin, Nasimah Zawawi, Majdah Wan Muhammad, Ramizah
author_facet	Hussin, Nasimah Zawawi, Majdah Wan Muhammad, Ramizah
author_sort	Hussin, Nasimah
title	Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law
title_short	Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law
title_full	Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law
title_fullStr	Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law
title_full_unstemmed	Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law
title_sort	should fines also benefit victims? an evaluation of fines as a form of punishment in malaysia with special reference to islamic law
publisher	International Islamic University Malaysia
publishDate	2017
url	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
_version_	1643619655182450688
score	13.211869

Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law

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