Author
Listed:
- Nur Arisha Dayana Binti Akmal
(Undergraduate Student, Faculty of Law, University Kebangsaan Malaysia)
- Mohamad Azhan Yahya
(Senior Lecturer, Faculty of Law, Universiti Kebangsaan Malaysia)
- Muhammad Syahrul Deen Ahmad Rosli
(Senior Lecturer, Academy of Contemporary Islamic Studies, University Technology MARA)
- Ahmad Azam Mohd Shariff
(Legal Advisor, Afandi Dahari & Associates, Selangor, Malaysia)
- Mohamad Rizal Abd Rahman
(Associate Professor, Faculty of Law, University Kebangsaan Malaysia)
- Mohd Sabree Nasri
(Lecturer, Faculty of Law, Governance and International Relations. UNIMEL)
Abstract
This study focuses at the problem of deviant teachings, which are becoming more common in Malaysia and are endangering not only the unity and security of the country but also Muslims. Any ideology, belief, or behavior that purports to be Islamic but really conflicts with the Quran, Sunnah, Ijma', Qiyas, and the principles of Ahli Sunnah wal Jamaah is considered a deviant teaching. The study primarily focuses on juvenile offenders (10–16 years old) who participate in deviant teachings, and it places special attention on the function of alternative or ta'zir punishments as more suitable forms of discipline than the original penalties for these offenses. The primary objectives of this research are to determine how alternative punishments for juvenile offenders are implemented within the parameters of Islamic and statute law, to pinpoint faults with these legal provisions, and to provide fixes for these concerns. This study compares the rules with those in nations like Brunei and Indonesia, analyzing the penalties for juvenile offenders engaging in deviant teachings using only legal and qualitative approaches. The method of critical analysis is used to comprehend the new problems and offer helpful suggestions. According to the legislative rules, juvenile criminals are frequently exposed to deviant teachings as a result of adult influence and environmental variables. Flexible ta'zir penalties are thought to be a preferable choice for juvenile offenders than incarceration, which might have a detrimental effect on their future. To educate and reintegrate individuals into real Islamic beliefs, alternative punishments like counseling, community service orders, rehabilitation, and religious classes are suggested. It is anticipated that this strategy will help juvenile offenders have a greater awareness of their errors and stop them from happening again in the future. In summary, alternative sanctions that target juvenile offenders are more suitable and successful in stifling the dissemination of false information and guaranteeing their reintegration into society.
Suggested Citation
Nur Arisha Dayana Binti Akmal & Mohamad Azhan Yahya & Muhammad Syahrul Deen Ahmad Rosli & Ahmad Azam Mohd Shariff & Mohamad Rizal Abd Rahman & Mohd Sabree Nasri, 2025.
"The Application of Alternative Punishments for Heretical Teachings in the Sharia Court,"
International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(9), pages 8963-8971, September.
Handle:
RePEc:bcp:journl:v:9:y:2025:issue-9:p:8963-8971
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