Keperluan Rang Undang-Undang 355: Analisis Terhadap Usul Persendirian Yang Berhormat Ahli Parlimen Marang

Abstract

This qualitative study is conducted to analyze the need for Bill 355 in order to empower the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), by referring to a private member's motion tabled by the Parliament of Marang on April 6th, 2017. This study is pertained by the current situation of shariah cases which are prevalently raised, and still, yet the punishments are incapable of being a thorough settlement mechanism. In this study, the author has identified whether the existing legal framework is still relevant in solving the issues surrounding our community by analyzing the motion brought by the Parliament of Marang, namely Shariah Courts (Criminal Jurisdiction) (Amendment) Bill 2016 with a proposal to increase the limit level of punishment to higher and appropriate enforcement. Also in this study, the literature review methods have been used through the analysis of documents including the statut of law, various articles from high impact journals, as well as case references within 2015 till 2020. The field study is also conducted by interviewing legal practitioners of the prosecution division. In conclusion, the author found that an improvement on shariah criminal law should be made in order to put the position of the Malaysian shariah legal system to a better level. In addition, the jurisdiction conflicts between both civil and Shariah Courts specifically on the handling of shariah criminal cases will be somewhat resolved and justice can be given for the benefit of the global community, particularly for the Muslims.