Enakmen Jenayah Syariah (Selangor) 1995 (As At 15th May 2021)

Enakmen Jenayah Syariah (Selangor) 1995

*Nota: Buku ini mengandungi kedua-dua versi Bahasa Melayu dan Bahasa Inggeris.

Detailed Contents of Enakmen Jenayah Syariah (Selangor) 1995:

The state of Selangor in Malaysia passed the Enakmen Jenayah Syariah (Selangor) 1995, a piece of legislation that details criminal offenses that fall under Sharia law (Islamic law) and the punishments that may be inflicted upon conviction. The Enakmen Jenayah Syariah (Selangor) 1995 replaced a previous law from 1952 and has since undergone numerous revisions.

Muslims in the state of Selangor who commit any of the crimes specified in the Enakmen Jenayah Syariah (Selangor) 1995 are subject to prosecution. The law defines a variety of crimes, including moral and social offenses such khalwat (close closeness between unrelated males and females), zina (adultery), liwat (sodomy), qazaf (false allegation of zina), consuming alcohol, and gambling, among others.

The hudud and qisas categories of punishments for these offenses differ depending on how serious the crime was. While qisas offenses are crimes against people and carry penalties that can be proportionate to the harm caused, such as paying blood money (diyat) for physical injuries caused, hudud offenses are those that are considered to be against God and carry fixed penalties like amputation of limbs for theft or stoning for adultery.

The Enakmen Jenayah Syariah (Selangor) 1995 also calls for the creation of Shariah courts that have the authority to hear and judge legal offense matters. The courts have the authority to impose punishments in accordance with the law, and if there are any issues with the law or the legal process, the decisions of the lower Shariah courts or the civil courts may be challenged.

The law also stipulates a number of procedural and evidentiary requirements that must be followed in criminal cases, such as the requirement of witnesses, the manner in which evidence must be presented, and the right of the accused to legal counsel.

It is important to keep in mind that the Enakmen Jenayah Syariah (Selangor) 1995 is unique to the state of Selangor and that other states in Malaysia may have their own Shariah laws that are slightly different. The application of Shariah law in Malaysia has also been the subject of ongoing discussion and controversy, particularly with regard to whether it is compatible with human rights and civil liberties.

Enakmen Jenayah Syariah (Selangor) 1995 Contains: