Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia

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building INTELEK Repository
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collectionurl https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
date 2019-12-05 10:58:12
eventvenue UniSZA
format Restricted Document
id 10380
institution UniSZA
originalfilename 1995-01-FH03-FUHA-19-35777.pdf
person Asiah Bidin
recordtype oai_dc
resourceurl https://intelek.unisza.edu.my/intelek/pages/view.php?ref=10380
spelling 10380 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=10380 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Conference Conference Paper application/pdf 1.6 Adobe Acrobat Pro DC 20 Paper Capture Plug-in Asiah Bidin 2019-12-05 10:58:12 58 1995-01-FH03-FUHA-19-35777.pdf UniSZA Private Access Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia Penalizing khalwat (close proximity) under the state’s Shari’ah laws has been regarded as a scandalous issue in Malaysia notwithstanding the fact that the majority of jurists from the major schools of thought have agreed on the prohibition of khalwat and that Islamic laws are recognized in the Malaysian legal system. The objection on penalizing khalwat is based on the debate of weighing the maslahah between an-nahy an al-munkar and to conceal the aib (shame) of others and their privacy. This paper highlights that it is important to understand that the first degree of maslahah takes priority over the subsequent ones and that preventing khalwat takes priority over the fear of committing tajassus or breaching one’s privacy. Research methodologies adopted in this paper are doctrinal and statutory analysis International Conference On Law And Globalisation 2019 (ICLG 2019) UniSZA
spellingShingle Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia
summary Penalizing khalwat (close proximity) under the state’s Shari’ah laws has been regarded as a scandalous issue in Malaysia notwithstanding the fact that the majority of jurists from the major schools of thought have agreed on the prohibition of khalwat and that Islamic laws are recognized in the Malaysian legal system. The objection on penalizing khalwat is based on the debate of weighing the maslahah between an-nahy an al-munkar and to conceal the aib (shame) of others and their privacy. This paper highlights that it is important to understand that the first degree of maslahah takes priority over the subsequent ones and that preventing khalwat takes priority over the fear of committing tajassus or breaching one’s privacy. Research methodologies adopted in this paper are doctrinal and statutory analysis
title Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia
title_full Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia
title_fullStr Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia
title_full_unstemmed Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia
title_short Maslahah: A Legal Basis for Making Khalwat An Offence In Malaysia
title_sort maslahah: a legal basis for making khalwat an offence in malaysia