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3. Faculty of Law / Fakulti Undang-undang

Title:	Pemulihan pesalah jenayah syariah dalam sistem perundangan di Malaysia
Authors:	Hasnizam Hashim (P65989)
Supervisor:	Jasri Jamal, Prof. Madya Dr.
Keywords:	Islamic law -- Malaysia Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia Criminals -- Rehabilitation
Issue Date:	13-Feb-2017
Description:	This research focuses on rehabilitation of syariah criminal offenders currently implemented in Malaysia. The scope of this research concentrates on implementation aspects of such rehabilitation under the Malaysian legal system. In conducting research and analysis, the researcher refers to the application of rehabilitation under the civil and syariah legal frameworks. In respect of syariah law, the research refers to Syariah Courts (Criminal Jurisdiction) Act 1965 (Revised 1988), the states" Syariah Criminal Offences and Procedure Enactments, the states" Administration of Islamic Law Enactments and the states" Islamic Family Law Enactments. With regards to civil law, the research refers to Malaysian Federal Constitution, Penal Code, Criminal Procedure Code, Prison Act 1955, Child Act 2001 and Offenders Compulsory Attendance Act 1954. Among the objectives of the research is to identify basic rehabilitation concepts and methods for criminal offenders from civil and syariah perspectives and examine current application of syariah criminal offenders" rehabilitation under the Malaysian legal system. Another research objective is to analyse problems that are currently plaguing the application of syariah criminal rehabilitation system. The final research objective is to suggest amendments to related legal provisions and create related Standing Orders and Standard Operating Procedures, paving the way for a more systematic implementation of the rehabilitation-oriented Community Service Order punishment at the Syariah Court. This research adopts a socio-legal design using qualitative methods. In the research's analysis, methodologies of library research, historical research, indirect comparative studies, interviews, as well as focus group discussions are adopted in analysing problem statements and findings as well as proposing solutions to the arising problems. The research analyses problems on the implementation of syariah criminal offenders" rehabilitation system in the country. It is found that there are gaps in related legal provisions relating to rehabilitation of syariah criminal offenders under the Malaysian legal system as well as a lack of availability of specific and focused researches aimed at improving on offenders" rehabilitation aspects under the Syariah law. In overcoming the above-said problems, this research proposes drafts of amendments to related legal provisions. The said amendments involve the process of creating new specific clauses in related provisions, enabling them to form a firm basis for implementation of the syariah criminal offenders" rehabilitation. This research also proposes drafts of specific Standing Orders and Standard Operating Procedures (SOP) which would ensure a more explicit and systematic implementation of syariah criminal offenders" rehabilitation in the country. It is hoped that this research would open a new dimension in rehabilitation aspects of syariah criminal offenders". Such efforts are essential in transforming the country"s syariah criminal offenders" rehabilitation system so that it would be on par with the country"s criminal offenders" rehabilitation under the civil system.,Ph.D.
Pages:	364
Call Number:	C63.HAS 2017 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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