KESALAHAN MENGGALAKKAN MAKSIAT: ANALISIS PERUNTUKAN UNDANG-UNDANG JENAYAH SYARIAH DAN CABARAN PADA MASA KINI
Contributors
Nur Irsalina Mazlan
Hasnizam Hashim
Wan Abdul Fattah Wan Ismail
Ahmad Syukran Baharuddin
Zulzaidi Mahmod
Keywords
Proceeding
Track
Article
License
Copyright (c) 2024 Nur Irsalina Mazlan; Hasnizam Hashim; Wan Abdul Fattah Wan Ismail; Ahmad Syukran Baharuddin; Zulzaidi Mahmod;
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Abstract
Islam prevents its followers from engaging in immoral activities (maksiat) or encouraging others to commit such acts. Although most Muslims are aware that committing sinful acts and encouraging others to do so is wrong, these behaviours continue due to the influence of human desires. As a result, laws have been introduced to control society from getting involved in such conduct. Nevertheless, there is a view that the existing laws are less effective in addressing the offense of encouraging immoral acts. Although almost all Sharia criminal laws in the states have provisions related to the offense of encouraging immoral acts, the enforcement of these laws is said to be rare. This phenomenon has led the author to investigate the reasons behind the lack of enforcement of the offense of encouraging immoral acts in Malaysia. Therefore, the objectives of this writing are threefold: first, to analyze the concept of preventing immoral acts from an Islamic perspective. Second, to investigate the existing legal provisions and the current challenges in implementing the offense of encouraging immoral acts. Third, to suggest improvements to the existing provisions and propose solutions to address the issue of encouraging immoral acts in the present day. A qualitative method is used in this writing, where data is collected through library research and document analysis, such as previous studies, journals, related articles, acts, and state Sharia criminal enactments. In this analysis, the author finds several issues with the existing provisions and challenges in their enforcement today. Therefore, the author suggests several improvements to the current provisions and offers solutions to the problem of encouraging immoral acts in the modern era.