Application of Maqasid Syariah in the Act 355 Amendment Proposal (Criminal Jurisdiction): an analysis study / Wan Mohd Amjad Wan Halim, Ahmad Nur Amsyar Zainal and Nur Madihah Zainol Abidin

Wan Halim, Wan Mohd Amjad and Zainal, Ahmad Nur Amsyar and Zainol Abidin, Nur Madihah (2018) Application of Maqasid Syariah in the Act 355 Amendment Proposal (Criminal Jurisdiction): an analysis study / Wan Mohd Amjad Wan Halim, Ahmad Nur Amsyar Zainal and Nur Madihah Zainol Abidin. Jurnal Intelek, 13 (2). pp. 47-56. ISSN 2682-9223

Abstract

The discourse about maqasid shariah had been discussed by fiqh scholars since decade. Despite that, the current execution proposal as such the Act 355 Amendment Proposal (Criminal Jurisdiction) is considered as contemporary issue that has caused dilemma amongst the Muslims in Malaysia. This situation said to be rooted from the misinterpretation of both Muslims and non-Muslims community about the implementation of maqasid shariah in the former execution. Thus, this research aims to study about maqasid shariah and its content in the Shariah law application and the implementation of Shariah Law by focusing on the Act 355 Amendment Proposal (Criminal Jurisdiction), Shariah Law Act. Researcher applies qualitative method through library study and data-analysis from different thoughts of fuqaha and Muslim scholars. From the observation, researcher finds that studies about concept of maqasid shariah has been carried out by both classic and contemporary fuqaha, but specific study about maqasid shariah in the Syariah criminal law in Malaysia is still lacking amongst the Muslim scholars.

Metadata

Item Type: Article
Creators:
Creators
Email / ID Num.
Wan Halim, Wan Mohd Amjad
UNSPECIFIED
Zainal, Ahmad Nur Amsyar
UNSPECIFIED
Zainol Abidin, Nur Madihah
UNSPECIFIED
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > Islam > Islamic sociology > The practice of Islam. Islam and work
K Law > K Law in general. Comparative and uniform law. Jurisprudence > Jurisprudence. Philosophy and theory of law
K Law > KBP Islamic law. Sharī'ah. Fiqh
Divisions: Universiti Teknologi MARA, Perlis > Arau Campus
Journal or Publication Title: Jurnal Intelek
UiTM Journal Collections: UiTM Journal > Jurnal Intelek (JI)
ISSN: 2682-9223
Volume: 13
Number: 2
Page Range: pp. 47-56
Keywords: Act 355 Amendment Proposal, Maqasid Syariah
Date: December 2018
URI: https://ir.uitm.edu.my/id/eprint/41237
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