Kuala Lumpur: Al-Hidayah Publishers, Physical Description: xxix, p. ; 23 cm. Subject Term: Criminal law (Islamic law). Added Author: al-Hafiz, Abu. Fiqh jenayah Islam. Publication Information: Kuala Lumpur: Al-Hidayah, ISBN: Subject Term: Criminal law (Islamic law). Added Author. Fiqh Jenayah Islam (C). Penulis: Abu Mazaya Al-Hafiz & Abu Izzat Al-Sahafi ISBN: Muka Surat: Berat (kg):

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Despite the fact that there is no provision which stipulates the preference of any mazhab or school of fiqh in the implementation of Islamic criminal law in Malaysia, past or present, the use of the views of the Shafit’ie school is always preferred.

The evidence can be clearly seen in the inscriptions on the historic stone of Terengganu, the Canon law of Melaka and other laws that came later. The same can be seen in the current enactments of Islamic Laws of the various states of Malaysia.


No part of this journal may be reproduced, copied or transmitted, in any form or by any means, electronic, mechanical, photocopying, and recording or otherwise without proper written permission from the publisher. Justice is the ultimate objective of any judiciary system. The dynamism lies on its flexibility, which is the main characteristic of the law itself.

Kedudukan Mazhab Syafi’i dalam Undang-undang Jenayah Islam di Malaysia

However, in terms of fatwas, the views of Shafi’ite school are still dominant. Some of the methods are unanimously accepted while some others are not unanimously accepted.

In the Islamic judiciary system, especially to convict a zina, there are various methods in establishing evidence. The absolute justice is only belongs to Islamic judiciary system.

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However it is highly dependant on the quality of the implementation methodology that man could produce. The development in science and technology has changed the human civilisation and perception towards life. The Islamic law is actually dynamic.

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i-Fiqh Jenayah OKU

Abstract Justice is the ultimate objective of any judiciary system. The development of knowledge in producing evidence scientifically such as DNA test, fingerprint etc. Any opinion expressed in the articles are those of the authors and do not reflect that of the Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, Riqh Lumpur, Malaysia.

The reason behind it could be that the school is dominantly practiced in the country by the jenajah as well as the government. Al-qarinah is among those which are not unanimously accepted by the Islamic jurists. It is because the fiqh law is not isolated from reality, but derived from the analysis on the contemporary environments.