Transformation of the Syariah Court in Malaysia: Towards the Implementation of Alternative Sentencing for Criminal Offences under Islamic Family Law

Abstract

Islamic Family Law in Malaysia plays a vital role in regulating the institution of the Muslim family in accordance with Shariah principles. Non-compliance with the stipulated laws and regulations may result in legal penalties as provided under the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), as amended in 1988. However, the enforcement of punishment solely based on Act 355 has often sparked debates and raised questions among various stakeholders regarding its effectiveness in achieving the true objectives of punishment in Islam. This article, applying a qualitative approach, explores the necessity of implementing and strengthening alternative punishments alongside existing penalties for specific offences under Islamic family law. By examining current legal provisions related to Islamic family law, including forms of offences and relevant case examples, this paper proposes strategic measures for the application of alternative punishments that align with the Shariah principles of sentencing and respond appropriately to contemporary societal needs. The findings indicate that, if systematically implemented, alternative punishments have the potential to offer a more holistic impact on social justice, including reducing the negative consequences of imprisonment, preventing recidivism, and serving as a deterrent to others from committing similar offences.