Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law

The law of qisas is a concept under Islamic law which allows the victim who has been physically hurt by an offender or the heirs of the deceased to a murder to play a role in determining the fate of the offender once he is found guilty. This includes the ability to choose whether to opt for equal pu...

Full description

Bibliographic Details
Main Authors:	Zawawi, Majdah, Hussin, Nasimah
Format:	Article
Language:	English
Published:	UPM Press 2015
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/45543/ http://irep.iium.edu.my/45543/ http://irep.iium.edu.my/45543/1/04_JSSH_Vol_23_%28S%29_Oct_2015_pg43-54.pdf

id	iium-45543
recordtype	eprints
spelling	iium-455432017-08-14T09:24:57Z http://irep.iium.edu.my/45543/ Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law Zawawi, Majdah Hussin, Nasimah KBP Islamic Law The law of qisas is a concept under Islamic law which allows the victim who has been physically hurt by an offender or the heirs of the deceased to a murder to play a role in determining the fate of the offender once he is found guilty. This includes the ability to choose whether to opt for equal punishment (qisas) or to demand monetary compensation (which is diyat), or to forgive the offender altogether. This article concentrates on the concept of forgiveness in qisas involving murder. The aim of the article is to show that contrary to popular criticism, the law of qisas is not about revenge. This is proven by the choice of forgiving the offender in total for the hurt or even life that he has taken. If compared to the current position in Malaysia, the right to forgive an offender is not given to the heirs of the decease but instead, it is given to the Yang di-Pertuan Agong or the Ruler of ALL States. This goes against the rights of the victim's heirs who not only is deprived of any compensation but also deprived of seeing justice done for the deceased. Malaysia is taken as an example of a modern country and the criminal law practised here is similar to many modern countries such as Singapore and India. Hence, this article submits that this concept of forgiveness should be revisited and re-applied to allow the victim or his heir(s) to decide the fate of the offenders instead of merely leaving it to the Rulers. This submission is arrived at after critically analysing primary sources being the injunctions in the Holy Qur'an and secondary sources that have interpreted its application. Meanwhile, the Malaysian position is examined in light of the Penal Code and the right to forgive as provided by the Malaysian Constitution. UPM Press 2015-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/45543/1/04_JSSH_Vol_23_%28S%29_Oct_2015_pg43-54.pdf Zawawi, Majdah and Hussin, Nasimah (2015) Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law. Pertanika Journal of Social Science & Humanities, 23(S). pp. 43-54. ISSN 0128-7702 http://www.pertanika.upm.edu.my/cspecial_issues.php?jtype=3
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Zawawi, Majdah Hussin, Nasimah Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law
description	The law of qisas is a concept under Islamic law which allows the victim who has been physically hurt by an offender or the heirs of the deceased to a murder to play a role in determining the fate of the offender once he is found guilty. This includes the ability to choose whether to opt for equal punishment (qisas) or to demand monetary compensation (which is diyat), or to forgive the offender altogether. This article concentrates on the concept of forgiveness in qisas involving murder. The aim of the article is to show that contrary to popular criticism, the law of qisas is not about revenge. This is proven by the choice of forgiving the offender in total for the hurt or even life that he has taken. If compared to the current position in Malaysia, the right to forgive an offender is not given to the heirs of the decease but instead, it is given to the Yang di-Pertuan Agong or the Ruler of ALL States. This goes against the rights of the victim's heirs who not only is deprived of any compensation but also deprived of seeing justice done for the deceased. Malaysia is taken as an example of a modern country and the criminal law practised here is similar to many modern countries such as Singapore and India. Hence, this article submits that this concept of forgiveness should be revisited and re-applied to allow the victim or his heir(s) to decide the fate of the offenders instead of merely leaving it to the Rulers. This submission is arrived at after critically analysing primary sources being the injunctions in the Holy Qur'an and secondary sources that have interpreted its application. Meanwhile, the Malaysian position is examined in light of the Penal Code and the right to forgive as provided by the Malaysian Constitution.
format	Article
author	Zawawi, Majdah Hussin, Nasimah
author_facet	Zawawi, Majdah Hussin, Nasimah
author_sort	Zawawi, Majdah
title	Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law
title_short	Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law
title_full	Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law
title_fullStr	Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law
title_full_unstemmed	Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law
title_sort	forgiving the enemy: a comparative analysis of the concept of forgiveness in shari’ah and malaysian law
publisher	UPM Press
publishDate	2015
url	http://irep.iium.edu.my/45543/ http://irep.iium.edu.my/45543/ http://irep.iium.edu.my/45543/1/04_JSSH_Vol_23_%28S%29_Oct_2015_pg43-54.pdf
first_indexed	2023-09-18T21:04:48Z
last_indexed	2023-09-18T21:04:48Z
_version_	1777410861505183744

Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian law

Similar Items