Hukuman pemulihan dan pelaksanaannya dalam perundangan Islam di Negeri Johor

Abstract

Syariah law enactments in Johor has provided some rehabilitative punishments. There are four issues that must be resolved before the rehabilitative punishment could be carried out; namely, the matters relating to the stand of Syariah law on the concept of rehabilitative punishment in Islamic fiqh; the uncertainty about the forms of rehabilitative punishment under the Syariah law; the ambiguities in implementing the rehabilitative punishment; and the implementation prospect the rehabilitative punishment in Johor. The objectives of this study are to analyse the concept of rehabilitative punishment in Islamic fiqh, identify the forms of rehabilitative punishment under the Syariah law, review the implementation of rehabilitative punishment under the Syariah law, and identify the implementation prospects of more comprehensive rehabilitative punishment in Johor. The applied research methodology was qualitative method. Data collection was through document analysis and partial structur interviews of seven respondents, namely three Judges of the Syariah High Court of Johor, and four persons each of whom is the Chief Registrar of the Department of Syariah Judiciary of Johor, Judge of Syariah Subordinate Court of Johor, Chief Syariah Prosecutor of Johor, and Chief Religious Enforcement Officer of Johor respectively. The study found the main sources of rehabilitative punishment in in Islamic fiqh, namely two authorities from al-Quran and three authorities from al-Sunnah. There are two forms of rehabilitative punishment in the Syariah law enactments of Johor known as community service and correctional institutions. There are also legal provisions that provide rehabilitation punishment under the law. This study found prospects in implementing the rehabilitation in the future. The implication of this study is very relevant in the context of improving the understanding of court officials in Johor about the rehabilitative punishment under the Islamic law in Johor. Besides, the court officials can recognise the forms of rehabilitative punishment under the Islamic law in Johor and help them in delivering their judgment and executing the rehabilitative punishment in Johor.