The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions

Abdul Majid Tahir, Mohamed and Noor 'Ashikin, Hamid (2014) The Codification of Ta'zir Law in the State of Terengganu: Issues and Solutions. Journal of Islamic Law Review, 10 (2). pp. 339-424. ISSN 0973-2918

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Abstract

Ta’zir under Islamic law refers to the punishments that can be administered at the discretion of the judge, as opposed to the hudud where most punishments are fixed by the Quran or Hadith. The ta’zir offences are not mentioned in any of the primary sources of Islamic Law. Rather, they proceed from the discretionary authority of the sovereign as delegated to the judge. It is in the interest of due process of the law that they be codified for certainty and easy accessibility for all. This article seeks to examine the types of offences and punishments codified under the Syariah Criminal Offences (Takzir)(Terengganu) Enactment 2001. It also views the obstacles faced in the implementation of ta’zir law in the state of Terengganu and suggests solutions for better improvement of the law in such state. This study adopts library research method whereby analysis is done to relevant statutory laws, decided cases, books, journals, law reports, newspapers’ articles, conference proceedings and other periodicals. The article concludes that although the codification of ta’zir law contributes towards preventing crimes in society, the legal provisions need to be revised regularly in order to achieve its goal effectively.

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