1. 1
The Jurisprudence of Shariah Law; Sources and Practicability in Modern
Age
By: Ashraf Sahimun1
Introduction
Islam is defined as ‘’peace’’ and ‘’submission or surrender’’ and according to Seyyed Hossein
Nasr,2
these terms have a solid connection with the idea of living in accordance to Divine Will
as indicated by the Divine Law, Shariah. Islam is not just a mere collection of dogmas and
rituals but it is a complete way of life covering all fields of human activities, may they be
private or public, legal, political, economic, social, cultural, moral or judicial.3
This way of life
is based on divine guidance through the Prophet Muhammad. 4
The Islamic law or Shariah Law is a specific law that governs Muslim in this country
and it falls within the purview of State Legislature. The Law Reform (Marriage and Divorce)
Act 1976 does not apply to someone who is married under Islamic Law. The general
characteristics5
of Shariah law are: (i) it is essentially inclined towards establishing general
rules without indulging much in details, (ii) the Koran and the Sunnah of the Prophet
Muhammad (be it his action or words) are the main sources of Sharia law, (iii) everything that
is not prohibited in Islam is permissible, (iv) everything that is prohibited in Koran and Sunnah
become permissible in a dire situation.6
Article 3 of Federal Constitution7
states that Islam is
the official religion of the federation but it does not make it as an Islamic country. In Che Omar
bin Che Soh v Public Prosecutor,8
Lord President Salleh Abbas stated that the term ‘Islam’ or
‘Islamic religion’ in Article 3 of Federal Constitution means it only relates to rituals and
ceremonies.
Nonetheless, the state of Kelantan’s aspiration to implement the capital punishment of
Islamic criminal law (also known as Hudud Bill) faces strong criticism from the public. This
article will try to make the public understand what ‘hudud’ is all about and its aptness in today’s
circumstances.
1
Year 2 Law student in HELP University, Kuala Lumpur.
2
Abdul Aziz Bari & Farid Sufian Shuaib, ‘Islam and The Legal System of Malaysia’ (2011) 1 CLJ (Sya) i
3
Ibid.
4
S. Abdul A’la Maududi, The Islamic Law and Constitution (7th
Ed., March 1980)
5
Ibid.
6
Pork is forbidden for Muslims but when there are no options left, it is allowed for them to eat it but not until
they are full. It is enough if it has reduced their hunger. It is mentioned in Chapter 2 verse 173 of the Koran:
‘’But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin
on him’’.
7
Federal Constitution, Article 3
8
[1988] 2 MLJ 55

2. 2
Elements of Shariah Law
In order to implement Shariah law, there are several elements that are being used as guideline
principles to ensure it is rightly performed. The main element of Shariah Law is the Koran. It
is a divine message from God passed through Prophet Muhammad. It is the utmost source of
Shariah law and the definition and punishment are fixed. It cannot be amended. Every Muslim
scholar will refer to it before they seek other sources to derive their decisions so that they are
aligned with the teaching of Islam.
The second element of Shariah Law is the Sunnah or Hadith. It is the directions of
Prophet Muhammad through his actions or words that are not found in the Koran. The Sunnah
contains anecdotes called Hadith to illustrate a concept. For example, the Koran has specifically
described in Chapter 2 verse 3,9
‘’Who believe in the Ghaib and perform As – Salat, and spend
out of what We have provided for them (i.e. give Zakat, spend on themselves, their parents,
their children, their wives etc., and also give charity to the poor and also in Allah’s Cause –
jihad)’’ regarding salat (prayer) and perform zakat (a type of Muslim’s tax) but it does not
mention how to conduct both obligations. Thus, the Sunnah describes how to perform such
obligations.
The next element is known as Ijma. Muslim scholars are called Ulama10
and they will
meet to discuss issues that will affect the Muslim community. Once they have reached a mutual
supposition concerning the debatable issue, the consensus is known as ‘ijma’. Islamic authority
will normally refer to it when they are conducting their duty as in the case of Muhamad Juzaili
Mohd Khamis & Ors v The State Government of Negeri Sembilan & Ors11
where the State of
Negeri Sembilan through its Islamic council has barred Muslim men to wear women’s clothes
in public.The Court of Appeal in a unanimous decision led by Justice Datuk Hishamuddin
Yunus allowed the judicial review for the Muslim men to cross-dress due to their Gender
Identity Disorder (GID).12
However, the Federal Court has reversed this decision.13
Qiyas is the fourth element of Shariah Law. The Qiyas is the extension of a Shariah
ruling from an original case to a new case because the new case has the same effective cause
as the original case.14
Qiyas is a methodology developed by Muslim jurists through which
rulings in new areas are kept close to the Koran and the Sunnah because new rulings are based
on the ‘cause’ discovered in the legislation of the Koran and Sunnah. Rulings on new areas
could diverge a lot if Qiyas is not applied.15
It is the same with English case law (precedent).
The Shariah judge can refer to previous decision in order to come to a conclusion.
These sources of Shariah Law are being referred to by Muslims especially the Islamic
authority to conduct their duty towards the Muslim community. If the authority does not refer
9
Holy Koran, Chapter 2
10
Human Rights from an Islamic Worldview, An Outline of Hudud, Ta’zir & Qisas
<http://www.muhajabah.com/docstorage/hudud.htm> accessed on 9 July 2015
11
[2015] 1 CLJ 954
12
Ibid.
13
Fretting over safety of transgender community in Negeri Sembilan
http://www.therakyatpost.com/news/2015/10/08/fretting-over-safety-of-transgender-community-in-negeri-
sembilan/ accessed on 30 November 2015
14
Qiyas (Analogical Deduction) <http://www.wponline.org/vil/Books/SH_Usul/qiyas.htm> accessed on 9 July
2015
15
Ibid.

3. 3
to any of these sources, then it can be inferred that the law is discriminatory towards Muslims
hence it is null and void.
Types of Crimes and Punishment in Islam
The Shariah Law was established not as a medium to punish the offenders but to safeguard
lives, honour and liberty of individuals.16
The Shariah Court was given the jurisdiction to try
all offences related to Islamic matters and presided by a kadi17
or judge sitting alone except in
Shariah Court of Appeal where it will be presided by odd number of judges, similar to civil
courts. The Latin terms actus non facit reum nisi mens sit rea which means ‘guilty act must be
accompanied with guilty mind’ is the same with Arabic terms bara at al-dhimmah al-asliyyah
that is, ‘no one is guilty of a crime unless his guilt is proved through lawful evidence’.18
In a
Hadith by Prophet Muhammad, it is reported that:
‘’When the litigant presents himself before you, do not pass a judgment unless you hear
the other party in the same way as you hear the first’’.19
16
Professor Emeritus Ahmad Mohamed Ibrahim, Sharia and the Principle of Legality (Institute of Islamic
Understanding Malaysia 2004)
17
According to Dr Wahbah al-Zuhaily in his book al-Fiqh al-Islami wa Adillatuh cited by the Shariah High
Court judge in the case of Tengku Zainul Akmal Tengku Besar Mahmud & Anor v Majlis Agama Islam dan Adat
Melayu Terengganu; SPPT Development Sdn Bhd (Intervener) [2012] 1 CLJ 78 (Sya), the authority of kadi
includes:-
(a) To resolve disputed between two disputing parties whether to reconcile peacefully or forcefully
through enforceable penalties
(b) To prevent wrongdoers from committing robberies, trespass and other nuisance, to help those who have
been victimized and to protect the rights of those who deserve to be protected
(c) To uphold hudud and execute the rights of Allah
(d) To resolve cases involving death and injury
(e) To resolve cases concerning properties of orphans, imbeciles and to appoint executors to manage their
properties
(f) To supervise wakaf (donation) assets
(g) To execute wills
(h) To marry off women without guardians or whose guardians refuse to marry them off
(i) To oversee the interests of the public including roads and others
(j) To promote the good and to forbid the evil through words or actions
18
Ibid.
19
Ibid.

4. 4
1) Hadd (Hudud)
Islamic criminal law recognizes three categories of crimes and each crime has different
burden of proof and punishment. The most severe crime is hadd (hudud for plural). The term
hudud has no reference to punishment whatsoever, but it concerns mainly with the moral
situation which may or may not have legal implications.20
In Zafran Bibi v The State,21
the
Federal Shariah Court of Pakistan stated that:
‘’Islamic criminal law, including Hudud laws, are designed, prescribed and
promulgated on the basis of clear injunctions contained in the Holy Qur’an and Sunnah
of the Holy Prophet p.b.u.h. These time – tested laws sought to preserve and protect
life, honour and property and dispense justice without any discrimination, irrespective
of the consideration of sex, wealth, religion, creed, colour, language or any other
factor. The laws provide safeguards that allow the citizen to enjoy a peaceful
environment that is free from any encroachment on their fundamental rights’’.
According to Islamic scholars, Hadd is a quantitatively fixed punishment which is
imposed for a violation of the Right of God.22
Hadd crimes are crimes against God’s law. It is
where the punishments are fixed as specifically written in the Koran and the kadi cannot use
his discretion in sentencing the punishment (Shah Ruzan Hamdan v Ketua Pendakwa Syarie,
Wilayah Persekutuan23
). However, if there is a reasonable doubt24
(syubhah) arises during the
trial, the punishment will fall under tazir as stated in the case of Daud Mohamed & Anor v
Pendakwa Hal Ehwal Agama25
in which the Shariah High Court Judge quoted the book Al-
Asybah Wan Nadzir by As-Sayuti page 84:
‘’The sixth method is hudud be emancipated when there is syubhah according to
Prophet Muhammad p.b.u.h hadith – Hudud punishment shall be disallowed if there
are abstruseness’’.
In Hjh Siminah Amit & Ors v Dayang Rosnah Abdullah,26
the Shariah Appeal Court of Brunei
made it clear that doubts arise during the hadd trial cannot be punished under hudud
punishment. The court referred to Prophet Muhammad Sunnah:
‘’You must avoid (distance) hudud from Muslims wherever possible. If there is a way
out for him (the accused) you must let go because, even when the Imam is wrong in
acquitting, it is better than to punish the innocent’’.27
In order to prove hadd offences in court, either confession or the concurring testimonies of two
Muslim male eyewitnesses of good character are required.28
The number of witnesses are
20
Mohammad Hashim Kamali, Punishment in Islamic Law: A Critique of the Hudud Bill of Kelantan, Malaysia
(Arab Law Quarterly 1998)
21
[2005] 1 CLJ 256 (Sya) Pakistan
22
Ibid.
23
[2013] 1 CLJ 226 (Sya)
24
According to Justice Suffian in Mat v PP [1963] 1 MLJ 263, judges or kadi should be mindful on the
guidelines before coming to a decision:-
(a) If you are satisfied beyond a reasonable doubt as to the accused’s guilt, convict
(b) If you accept or believe the accused’s explanation, acquit
25
[1997] 3 (3) LNS (Sya)
26
[2011] 1 CLJ 205 (Sya)
27
Ibid.
28
Peters, Rudolph Hudud

5. 5
different when it comes cases of adultery. There must be 4 Muslim male eyewitnesses who are
of good character who watched the whole intimate situation.
The Koran has classified several human actions that fall under hadd. It comprises theft,
robbery, adultery, drinking alcohol and slanderous accusation of adultery. Apostasy is also
classified as crime under hadd. As discussed earlier, each crime carries different punishment
and burden of proof.
In Chapter 5 verses 38 – 39, the Koran said:
‘’As for thief, male or female, cut off their hands as retribution for their deed and
exemplary punishment from God. And God is exalted in power, Most Wise. But one who
repents after his crime and amends his conduct, God redeems him. God is Forgiving,
Most Merciful’’.29
That is the punishment for theft. The right hand will be amputated. The burden of proof with
the prosecutor. The prosecutor must satisfy the kadi that the accused intentionally stole the
goods for his own purpose and not because of pressing matters. Also, two Muslim male
eyewitnesses must be produced to support the allegation.30
On the other hand, the accused
person must prove that the act of stealing the goods was due to pressing matters and he acted
in such a way because there was no available option for him at that point of time. Even so, the
accused person will not be subjected to hadd punishment if the charge against him was
defective.31
However, the kadi has discretionary power to either jail or fine him.32
Fornication or adultery is strictly prohibited in Islam. This is to take care of the
woman’s dignity. The Koran in Chapter 24 verse 2 says:
‘’As for the woman and the man guilty of zina (adultery), flog each of them one hundred
lashes. Let not compassion move you away in their case from carrying out God’s
law…’’.33
Those who made slanderous accusation towards woman that is accusing her of adultery,
the Koran has made it specifically in Chapter 24 verses 4 and 5:
‘’And those who accuse chaste women and fail to produce four witnesses, flog them
eighty lashes and accept not their testimony ever after, for they are transgressors –
except for those who repent thereafter and reform themselves, then, God is Forgiving,
Most Merciful’’.34
29
Holy Koran Chapter 5
30
The witnesses should be at the age of majority i.e. 18 and above. The witnesses’ statement must corroborate
with what they have seen as mentioned in common law case, Attan bin Abdul Gani v PP [1970] 2 MLJ 143
where Sharma J held that:
(a) The independent evidence must not only make it safe to believe that the crime was committed but must
in some way reasonably connect
31
The prosecutor fails in proving the allegation beyond a reasonable doubt
32
Since the charge is defective, the accused person is still subjected to Shariah law for stealing and it falls under
tazir where the kadi can use his discretion to sentence the offender
33
Holy Koran Chapter 24 verses 2 and 5
34
Holy Koran Chapter 24 verses 4 and 5

6. 6
Apostasy is another serious crime that falls under the hadd category. Apostasy occurs when a
Muslim person converts to other religion. In Dalam Perkara Nyonya binti Tahir v Majlis
Agama Islam Negeri Sembilan & Yang Lain,35
the Seremban Shariah High Court Judge quoted
the words from Sheikh Abu Sujak in his book Kifayah al-Akhyar, Taqiyuddin Abu Bakar bin
Muhammad al Husaini, Maktabah al Taufiqiah in page 736 that read:
‘’Whoever converts from Islam, he shall repent three times. If he repents (and his
repentance is accepted, he is a Muslim) and if not, he shall be killed, cannot be bathe,
be prayed and buried in Muslim’s graveyard’’.
Justly, apostasy is considered to be a heavy crime in Islam and the punishment, too is severe.
2) Tazir
Tazir crimes are less serious than hadd. It is not specifically mentioned in Koran and
the execution of tazir punishment depends on the judge’s discretion. The Shariah specified the
conduct36
but empowered the judges to determine the type of punishment. Tazir implies the
rectification or rehabilitation of the culprits. Nonetheless, the punishment must be equivalent
to the offence and should remain within the limits of reasonableness. In Zafran Bibi v The
State,37
the court stated that offence that falls under the category of tazir carries a lesser
sentence. Tazir has two main categories. First category consists of crimes that did not meet the
strict requirements of hudud crimes such as attempt fornication or those individual crimes that
were included in hudud like breach of trust by a testamentary guardian. Second category is
actions that caused public outrage. In Abdul Rahman Salleh & Anor v Pendakwa Hal Ehwal
Agama Terengganu,38
the Shariah High Court judge in defining tazir referred to Al-Mawardi
definition of tazir:
‘’Tazir is a great punishment for those who committed a crime that is not meted by
hudud’’.
Tazir’s aim are to rehabilitate the offender, give lessons and frighten others to stay away from
engaging in any crime.39
Similarly in Abdul Razak Othman v Ketua Pendakwa Syarie Negeri
Melaka,40
the judge quoted tazir definition from Abdul Qadir Audah’s book al Tasyri’ al-
Jina’ie al-Islami: Muqaranah Bi al-Qanun al-Wadh’ie, Muassasah al-Risalah as:
‘’Tazir gives lesson to those sins that are not described by hudud that is punitive upon
those crimes which do not compel by Shariah to be a specific castigatory’’.
As mentioned earlier, the judge is empowered to sentence the offender based on his discretion.
In Muhammad Sufi Abdullah v Ketua Pendakwa Syarie, Selangor,41
the court made a reference
to Fiqh dan Perundangan Islam by Dr Wahbah al-Zuhaily that states:
35
[2006] 1 CLJ (Sya)
36
Crimes committed
37
Ibid.
38
[1994] 3 LNS 18 (Sya)
39
Ibid.
40
[2007] 1 CLJ 170 (Sya)
41
[2011] 1 CLJ 178 (Sya)

7. 7
‘’As for tazir, prescription of the punishment is laid at the hand of the kadi (judge),
namely that a kadi may choose a reasonable punishment after considering the
circumstances of the accused, such as his personality, previous convictions, the gravity
of the offences and the repercussions that the offence had on the society at large’’.
In the same case, the judge further referred to Kitab at-Ta’zir fis as-Syariah al-Islamyiah by
Dr. Abdul Aziz Amir in regards to tazir:
‘’The Syafie jurists were of the opinion that in tazir, no prescription of punishment is
being made by the Shariah, and it is therefore up to the state to decide on the types of
offence and the punishment there for upon consideration of the people it was dealing
with and their status as well as the nature of the offences they committed’’.
In addition, the Shariah High Court judge in Muhammad Sufi Abdullah (supra) emphasised that
the right to prescribe punishments for tazir offences is attributed to the judicial and legal
authorities contrary to hadd punishments where tazir offences may be pardoned by the courts.42
3) Qisas
The last category under Islamic criminal law is qisas. In Majlis Agama Islam Pulau
Pinang v Siti Fatimah Tan Abdullah,43
the Shariah Court of Appeal referred to Dr. Zulkifly bin
Muda’s book Fiqh al-Nusus fi al- Uqubat Wa al-Qisas to define qisas as retaliation. It
covers five crimes namely murder or intentional killing (except homicide), quasi-intentional
killing or voluntary manslaughter, involuntary killing, intentional physical injury and
unintentional physical injury. The punishment of these crimes are varied. The Koran states:
‘’And therein We prescribe for them: a life for a life, an eye for an eye, a nose for a
nose, an ear for an ear, a tooth for a tooth and wounds equal for equal. But if any one
remits the retaliation by way of charity, it is an act of atonement for himself. And if any
fail to judge by (the light of) what Allah hath revealed, they are (no better than) wrong-
doers’’44
.
Monetary compensation (diyah) is part of qisas punishment. It is paid to the victim’s family. If
the victim is still alive, he will be compensated but if it is otherwise, the victim’s family will
receive it. According to G.F Nelson,45
the compensation by modern court is similar to Islamic
qisas – compensation (diyah) concept citing several cases such as Raja Izzuddin Shah v Public
Prosecutor (PP)46
where the appellant was ordered to pay compensation to the affected party
and also in Tai Khun v PP.47
The modern jurisprudence under tort has given two types of claims
for personal injury i.e. pecuniary losses which encompasses loss of earnings or loss of future
earnings as held in Chang Ming Feng & Anor v Jackson Lim@Jackson ak Bajut48
and non-
42
Ibid.
43
[2009] 1 CLJ 162 (Sya)
44
Holy Koran Chapter 5 verse 45
45
G.F. Nelson Compensation Under Malaysian Criminal Law and The Principle of ‘’Diyat’’ in Shariah Law –
A Case Note [1992] 3 CLJ iii
46
[1979] 1 MLJ 270
47
[1905] 9 SSLR 62
48
[1999] 1 AMR 575

8. 8
pecuniary losses, which it could be for the injury itself, pain and suffering, and loss of amenity
or enjoyment of life.49
Thus, qisas is subliminally being practised by modern court through the years in ensuring the
rights of the affected party are preserved.
Hudud and Its Acuity
The Federal Constitution is the supreme law of the land and although Article 3 of the Federal
Constitution clearly states that Islam is the official religion, but that does not mean hudud can
be implemented. Lord President Salleh Abbas in Wan Jalil bin Wan Abdul Rahman & Anor v
PP50
made it clear that:
‘’ The first point to consider here is the meaning which could be given to the expression
"Islam" or "Islamic religion" in Article 3 of the Constitution. If the religion of Islam in
the context means only such acts as relate to rituals and ceremonies, the argument has
no basis whatsoever’’.
Although Islam is given special privilege under the Federal Constitution, Malaysia is not an
Islamic country like Pakistan or Bangladesh and it is again stressed out by Lord President
Salleh Abbas in Mamat bin Daud v PP51
that the federation is a secular state.
To what extend does the percept of Islamic criminal procedure is applied in Malaysia?
Federal Court in Fathul Bari bin Mat Jahya & Anot v Majlis Agama Islam Negeri Sembilan &
Ors52
made reference to section 53 of the Shariah Criminal Enactment (Negeri Sembilan)53
as what indicates to the perception of Islamic criminal transgression:-
‘’Section 53 of the Enactment makes it an offence for any person to engage in the
teaching of Islam to any person, other than to members of his family, without first
obtaining a tauliah (certification). The purpose of this provision is clear, that is to
protect the integrity of the aqidah (belief), shariah and akhlak (morality) which
constitute the precepts of Islam…The requirement (to get certification) is necessary to
ensure that only a person who is qualified to teach the religion is allowed to do so. This
is a measure to stop the spread of deviant teachings among Muslims which is an offence
against section 52 of the Enactment…’’
It can be seen that the court of law in Malaysia is guided by the Federal Constitution to examine
the procedures governing the Islamic Enactment in every state. In another Federal Court case,
Sulaiman bin Takrib v Kerajaan Negeri Terengganu (Kerajaan Malaysia, intervener) and
other applications,54
the court referred to Professor Dr Muhammad Hashim Kamal’s
connotation of ‘percept of Islam’ as an essential reference to the cardinal principles of belief,
law and morality that constitute the core of the Islamic identity of a Muslim and society.
49
Norchaya Talib, Law of Torts in Malaysia (Sweet & Maxwell Asia 2010)
50
[1988] 1 LNS 150
51
[1988] 1 MLJ 119
52
[2012] MLJU 427
53
Shariah Criminal Enactment (Negeri Sembilan) 1992, section 53
54
[2009] 6 MLJ 354

9. 9
On the contrary, the Hudud bill was passed by the Kelantan State Assembly and on the
surface, it does mention how the procedures55
will be executed but suffice to say it contradicts
with the Federal Constitution.56
How about elderly57
who committed rape? The punishment for
rape as discussed earlier is whipping not less than 100 times as it falls under the hadd crime.
Under the Criminal Procedure Code (CPC),58
an adult cannot be whipped more than 24
times59
and also males above 50 years old.60
There is a lacuna in the Bill. Under the Hudud
Bill, the Shariah Court is given the jurisdiction to enforce the punishment since the Hudud Bill
comes under the Shariah law. But does the Shariah Court really have the jurisdiction to try such
matter? Does not it come under the purview of civil court when it comes to penalty sentence?
In Lim Chan Seng v Pengarah Jabatan Agama Islam Pulau Pinang & Anor61
, it is held that the
Shariah court is not a creature of Shariah law. It owes its existences to the written laws of
Parliament and state legislature. Thus, when penalty sentence is given, it does not fall under
the jurisdiction of Shariah Court but civil court instead.
Courts are guided by the Federal Constitution and by enforcing the Bill,62
it goes against
it. 63
Rape, theft and robbery are offences against the state and such punishment is given under
the Penal Code.64
These offences will be investigated by the police but under the Kelantan
Hudud Bill, it does not specify who will be given the powers to arrest the culprits behind rape
or theft or robbery. Police play the role to enforce the laws made by Parliament. The Kelantan
Hudud Bill only empowers the religious authority to take such action. Does the religious
authority have the necessary knowledge and skill required to conduct their investigation?
Shamrahayu A. Aziz in her article ‘Police Powers in the Enforcement of Islamic Criminal
Law’65
was of the opinion that:
‘’…it is undeniable that the police have been actively involved in some aspects in the
enforcement of Islamic criminal law…in assisting the religious enforcement in conduction a
search or raid…in a non – security cases the assistance is obtained in a specific arrangement
and in the absence of proactive police participation…’’.
The word ‘assisting’ should be emphasized. It subliminally states how the religious authority
is dearth with the capacity in taking their action. Thus, when the religious authority is taking
action specifically for rape or theft case (under the Kelantan Hudud Bill where the punishment
55
Procedures regarding amputating the hand or leg etc.
56
Article 5 and Article 8 will be discriminated since the former mentions the liberty of a person that is the right
to fair trial and the former talks about equality. A Muslim man who commits robbery, under the Bill, his limb
will be amputated but a non-Muslim will not be affected by it. A jail term will be imposed pursuant to section
392 of the Penal Code.
57
Man aged 50 and above
58
Criminal Procedure Code (Act 593) & Rules
59
Criminal Procedure Code, section 288 (1)
60
Criminal Procedure Code, section 289 (c)
61
[1996] MLJU 500
62
Kelantan Hudud Bill
63
The State Enactments were made pursuant to Federal Constitution. If it goes beyond the Constitution, it will
automatically become void
64
Penal Code (Act 574):-
Section 376 for rape punishment
Section 379 for theft punishment
Section 392 for robbery punishment
65
[2010] 6 MLJ xxxviii

10. 10
will be whipping and amputating), they have taken the power of the police vested under the
Police Act 1967.66
Therefore, the Kelantan Hudud Bill will contradict with both Federal Constitution and
Federal Acts. The practicability of such a bill does not align with the spirit of the constitution
and the current society’s norm.
66
Police Act 1967 (Act 344)