Ikim Shariah Punishments In Malaysia Determined By Govt No Question Of Any Challenge Against Islamic Laws

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“The punishment for civil and Shariah in Malaysia is a form of ‘takzir’ where the punishment for the offences are enacted by the rulers, hence there is no challenge towards Islamic laws in Shariah courts”
(MMO) – The Institute of Islamic Understanding Malaysia (Ikim) has denied today that there is any challenge against Islamic laws in the country, explaining that Shariah punishments here are meted out by the authorities.
The government-linked think tank also urged the public to be properly informed of the recent Federal Court decision which declared that 16 out of the 18 Shariah provisions in Kelantan were against the Federal Constitution.
“The punishment for civil and Shariah in Malaysia is a form of ‘takzir’ where the punishment for the offences are enacted by the rulers, hence there is no challenge towards Islamic laws in Shariah courts,” Ikim said in a statement here
“Takzir” is a type of punishment for Shariah offences which are determined by the legislators or government. It is one of the three types of Shariah punishments, which include hudud and qisas.
Hudud are punishments for seven specific Shariah offences that were outlined in the Quran and Hadith, while qisas is a form of restitution for crimes such as homicide or personal injury.
Takzir, however, is a form of punishment which is set at the discretion of the legislator or the judge
Ikim also highlighted that the chief justice had emphasised in her judgement that the case was unrelated to the position of Islam or the Shariah courts in Malaysia but merely the jurisdiction of Kelantan’s state legislative assembly in enacting laws.
Chief Justice Tun Tengku Maimun Tuan Mat said last week in her ruling that the constitutional challenge brought by two Muslim women to nullify 18 provisions under the Kelantan Shariah criminal enactment cannot be construed as blasphemy since the laws had been mandated by the state legislative assembly and not Allah.
Tengku Maimun had similarly pointed out how Shariah courts in Malaysia, up until today, do not enforce hudud or qisas, only takzir — and therefore there is no difference between both courts because they enforce the same punishments.
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