Date of Award

2010

Thesis Type

Masters

Document Type

Dissertation

Divisions

Academy of Islamic Studies

Department

Dept of Syariah & Law

Institution

Universiti Malaya

Abstract

Successful law depends on its effective enforcement. This rule applies within the enforcement of Islamic criminal law. Based on the Islamic principle of ‘al-Amru bi al-Makruf wa al-Nahyu an al-Munkar', the government and public are obliged to ensure that it is carried out. This research focuses on the issue of enforcement with several objectives, firstly, to discuss the concept of criminal enforcement according to the Islamic law. Secondly, to evaluate the historical development of criminal enforcement in Brunei Darussalam. Thirdly, to identify and analyse current issues and problems facing the religious enforcement unit in enforcing syariah criminal offences. These objectives will be accomplished by various methodologies. Empirical data was collected through field work including interviews, passive and active participant observation, as well as getting access to case files. Library research was also conducted focusing on statutes, Islamic law cases, books, journals and articles. It is found from this research that the enforcement of Islamic criminal law in Brunei is far from excellence. This circumstance is mainly due to the absence of comprehensive substantive and procedure laws, shortage in human resource, non-updated service scheme, shortage in facility and equipment which affect the enforcement efficiency. Finally, it is concluded that quality and quantity of enforcement is very much dependent upon excellent management and wise action plans.

Initial

khm

Additional Information

Dissertation (M.A.) – Academy of Islamic Studies, Universiti Malaya, 2010.

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