Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment

Criminal law is one of the major areas that needs to be examined for the harmonization process between Civil Criminal Law and Islamic Criminal Law (hereinafter cited as CCL & ICL). Generally speaking, both systems are trying to protect and maintain peace and harmony in the society by introducing...

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Main Authors:	Awang, Abd. Rahman, Mohamad Yunus, Mohamad Ismail
Format:	Article
Language:	English
Published:	Institut Kefahaman Islam Malaysia (IKIM) 2005
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/8200/ http://irep.iium.edu.my/8200/1/2006_-_Harmonisation_of_Shari%27ah_and_Civil_Law-_a_special_reference_to_the_concept_of_punishment.pdf

id	iium-8200
recordtype	eprints
spelling	iium-82002014-10-21T02:31:09Z http://irep.iium.edu.my/8200/ Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment Awang, Abd. Rahman Mohamad Yunus, Mohamad Ismail K Law (General) KBP Islamic Law Criminal law is one of the major areas that needs to be examined for the harmonization process between Civil Criminal Law and Islamic Criminal Law (hereinafter cited as CCL & ICL). Generally speaking, both systems are trying to protect and maintain peace and harmony in the society by introducing different kind of punishment in order to ensure that criminal activities will be reduced or prevented. For any offence committed, a prescribed punishment will be imposed. This mechanism can be seen from various punishments adopted by both systems depending on the nature and severity of the crimes. Their objectives however, are common and remain identical. ICL is a revealed law meant to protect public interest rather than to protect criminal though at times its rules are rather harsh and severe. This can be seen in the punishments of hudud and qisas. On the other hand, for the same offence, under CCL, the punishment is less severe, at time it is not considered as a crime at all, such as adultery, drinking of liquor, apostasy and accusation of zina. This is because the source, the philosophy and the value judgment are different. The main objective of this paper is to identify the similarities and the differences between the two systems in terms of their application and punishments. An attempt will be made to harmonize the laws of the two systems with practical and acceptable solutions. It is hoped that this paper will bring a new legal dimension towards eliminating the differences between CCL and ICL so that it can be implemented, in some areas, throughout the Muslim countries as a pilot study for the application of ICL as required by Islamic teachings. Institut Kefahaman Islam Malaysia (IKIM) 2005 Article PeerReviewed application/pdf en http://irep.iium.edu.my/8200/1/2006_-_Harmonisation_of_Shari%27ah_and_Civil_Law-_a_special_reference_to_the_concept_of_punishment.pdf Awang, Abd. Rahman and Mohamad Yunus, Mohamad Ismail (2005) Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment. Jurnal Undang-undang, 9 (2). pp. 101-116. ISSN 1511-0281
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Awang, Abd. Rahman Mohamad Yunus, Mohamad Ismail Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment
description	Criminal law is one of the major areas that needs to be examined for the harmonization process between Civil Criminal Law and Islamic Criminal Law (hereinafter cited as CCL & ICL). Generally speaking, both systems are trying to protect and maintain peace and harmony in the society by introducing different kind of punishment in order to ensure that criminal activities will be reduced or prevented. For any offence committed, a prescribed punishment will be imposed. This mechanism can be seen from various punishments adopted by both systems depending on the nature and severity of the crimes. Their objectives however, are common and remain identical. ICL is a revealed law meant to protect public interest rather than to protect criminal though at times its rules are rather harsh and severe. This can be seen in the punishments of hudud and qisas. On the other hand, for the same offence, under CCL, the punishment is less severe, at time it is not considered as a crime at all, such as adultery, drinking of liquor, apostasy and accusation of zina. This is because the source, the philosophy and the value judgment are different. The main objective of this paper is to identify the similarities and the differences between the two systems in terms of their application and punishments. An attempt will be made to harmonize the laws of the two systems with practical and acceptable solutions. It is hoped that this paper will bring a new legal dimension towards eliminating the differences between CCL and ICL so that it can be implemented, in some areas, throughout the Muslim countries as a pilot study for the application of ICL as required by Islamic teachings.
format	Article
author	Awang, Abd. Rahman Mohamad Yunus, Mohamad Ismail
author_facet	Awang, Abd. Rahman Mohamad Yunus, Mohamad Ismail
author_sort	Awang, Abd. Rahman
title	Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment
title_short	Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment
title_full	Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment
title_fullStr	Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment
title_full_unstemmed	Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment
title_sort	harmonisation of shari'ah and civil law: a special reference to the concept of punishment
publisher	Institut Kefahaman Islam Malaysia (IKIM)
publishDate	2005
url	http://irep.iium.edu.my/8200/ http://irep.iium.edu.my/8200/1/2006_-_Harmonisation_of_Shari%27ah_and_Civil_Law-_a_special_reference_to_the_concept_of_punishment.pdf
first_indexed	2023-09-18T20:17:51Z
last_indexed	2023-09-18T20:17:51Z
_version_	1777407908390109184

Harmonisation of Shari'ah and Civil Law: a special reference to the concept of punishment

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