Date of Award

1-1-2001

Thesis Type

Masters

Document Type

Thesis

Divisions

Academy of Islamic Studies

Department

Department of Shariah and Law

Institution

Universiti Malaya

Abstract

This research is carried out to analyze the appropriateness of mandatory death penalty by hanging to drug trafficker based on siasah syar'iyyah. Firstly, a critical review was carried out regarding the definition, aim and methodology of siasah syar'iyyah. It is then followed by the survey on the provision of death penalty under category of ta'zir. In order to comprehend the significance of problem related to illicit drugs, statistical results on crimes associated with drug addict and drug trafficker are presented. This also includes the number of drug traffickers that had been hanged. All these information was obtained from National Drug Agency. Based on this information, one can gauge the complexity of the problem derived from drug trafficking. Literature review was conducted on various types of crimes committed by drug trafficker in United State's of America. This is done because it is difficult to get the information from our Prison Department. AJI those information are confidential and cannot be showed to public. Based on this work, it is found that imposing death penalty to drug trafficker is in accordance with siasah syar'iyyah. This is due to the malign effect derived from drug trafficking activities. As shown in chapter four, these activities not only generate lethal effects to drug addict, it also poses serious risk to the security and peace of the society. From the information gathered, drug trafficking activities have resulted to people live in grip of fear and full inimical conditions such as murder, robbery. prostitution and burglary. Since the purpose of siasah syar'iyyah is to spur goodness and eliminate evil activities in society, it is found that implementation of death penalty to the offence is accordance with the definition, objectives and methodology of siasah syar'iyyah. It also fulfill the provision of death penalty under ta'zir. Besides harsh punishment on drug traffickers, an Islamic government can effectively solve these drug related problems if it is done in such a way that it involves every segment of society.

Initial

snms

Additional Information

Dissertation (M.A) -- Academy of Islamic Studies, Universiti Malaya, 2001.

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