Abstract

Hisbah (Ombudsmen) is A Mechanism for Resolving Enforcement Issues in Malaysia: Changes and Difficulties

Highlights

  • Hisbah is a concept that tries to enhance everyday life discipline by using guidance as a guide and making changes based on community corrections to faults committed

  • Authority is the same as that granted to the police, but solely against the Syariah Criminal Offences Act/Enactment

  • Code of ethics is a guideline developed to ensure Sharia law enforcement is done in a more ethical, disciplined, and in accordance with the needs of the law. This code is supposed to be standardized at the state level, and to more efficiently, openly, and effectively lift the concept of al-amr bil makruf wa nahyu anil munkar

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Summary

Introduction

Hisbah is a concept that tries to enhance everyday life discipline by using guidance as a guide and making changes based on community corrections (social correction) to faults committed. The original concept of the hisbah is made up of two major components: Amar makruf and Nahi Munkar. The Quranic verses connect the notion of the hisbah to the portrayal of a Muslim as the best of people (khayr ummah), because one of the few conditions of khayr ummah is that persons who dare to call others to do good and honestly prevent others from doing evil. Amar makruf, or urging people to do good, is greatly promoted. If disobedience is shown to be pervasive in a community, the efforts of nahi mungkar must take precedence over the efforts of amar makruf. The Hisbah in question is a governmental religious enforcer - there are advantages and disadvantages that should be improved

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