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THE PRINCIPLE OF LEGALITY IN SHARIAH LAW
by MOHAMMAD HASHIM KAMALI The principle of legality in crime and punishment is an entrenched aspect of modern constitutional law, and what it basically means is that there shall be no crime and no punishment unless the text of the law says so. Hence no one can be arrested nor punished unless the conduct at issue constitutes a crime under the applied law. Another aspect of the same principle is that of non-retroactivity, which means that the law cannot be applied retroactively to acts which are committed before the law came into force – unless Parliament specifically says so. Read Article → SHARIAH CRIMINAL OFFENCES IN SYNDICATE MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 by Haliza A. Shukor, Intan Nadia Ghulam Khan, Hasnizam Hashim & Nabilah Yusof Islamic jurisprudence has clearly set forth the laws in regulating matters pertaining to Muslim family institutions. Among the issues related to family institutions is syndicate marriage. According to a report in 2019, 70% of syndicate marriages are regarded as invalid due to its failure to fulfill the pillars of nikah. As such, it attracts various penalties under the Islamic Law Acts/Enactments. By referring to the Islamic Family Law (Federal Territories) Act 1984 (IFLA 1984), there are provisions which can be used to penalise parties who conduct or enter into a syndicate marriage. Read Article → |