PENGALAMAN NEGERI KELANTAN DALAM MELAKSANAKAN HUKUMAN SEBAT ROTAN TERHADAP KESALAHAN JENAYAH SYARIAH
Abstract
Whipping sentence is hardly imposed on shariah offenders even though its
provision is clearly stated under certain offences. Some states in Malaysia
have the provision in sound and clear terms but implementation wise,
Kelantan is ahead of her counterparts because aggressive action, taken right
after the codification of the Shariah Criminal Enactment in 1985, not only
proved to be a wise step but also lead Kelantan to be an exemplary state
where whipping sentence is concerned. This article elaborates the systematic
implementation of the sentence by referring to the low-profile Whipping Rules
of 1987 and the newly enacted Shariah Criminal Procedure Enactment 2002.
It is found that other states can also put into practice the theoretical
provisos and no need to shy away from Kelantan should they feel that it is
timely to flog the offenders in their states.
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