Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law
Existing financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to compensate the victims for losses that they have suffered....
| Main Authors: | , , |
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| Format: | Article |
| Language: | English English English |
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International Islamic University Malaysia
2017
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| Online Access: | http://irep.iium.edu.my/57538/ http://irep.iium.edu.my/57538/1/article%20intellectual%20discourse%202017.pdf http://irep.iium.edu.my/57538/7/57538_Should%20fines%20also%20benefit%20victims_SCOPUS.pdf http://irep.iium.edu.my/57538/13/57538_Should%20fines%20also%20benefit%20victims_wos.pdf |
| _version_ | 1848784952606326784 |
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| author | Hussin, Nasimah Zawawi, Majdah Wan Muhammad, Ramizah |
| author_facet | Hussin, Nasimah Zawawi, Majdah Wan Muhammad, Ramizah |
| author_sort | Hussin, Nasimah |
| building | IIUM Repository |
| collection | Online Access |
| description | Existing financial punishments in Malaysia, usually in the form
of fines for certain offences are payable to the government. The victims (if
any) are not entitled to benefit from such payment, which implies that the
system has failed to compensate the victims for losses that they have suffered.
Another issue is the option provided for some offenders to pay a fine in lieu of
imprisonment. This negates the principle of justice as it allows the rich to pay
whilst the poor will have to face imprisonment. The question arises concerns
the effectiveness of imposing fines to remedy the ailments in society. It also
questions the reformative value of the punishment and how it can benefit the
victim. This article evaluates the existing legal framework relating to financial
punishments in Malaysia. In doing this, the objective of the article is to provide
suggestions as to how these questions could be answered by incorporating
Shari’ah principle of al-’adl |
| first_indexed | 2025-11-14T16:45:25Z |
| format | Article |
| id | iium-57538 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English English |
| last_indexed | 2025-11-14T16:45:25Z |
| publishDate | 2017 |
| publisher | International Islamic University Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-575382019-08-22T07:26:56Z http://irep.iium.edu.my/57538/ Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law Hussin, Nasimah Zawawi, Majdah Wan Muhammad, Ramizah KBP Islamic Law Existing financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to compensate the victims for losses that they have suffered. Another issue is the option provided for some offenders to pay a fine in lieu of imprisonment. This negates the principle of justice as it allows the rich to pay whilst the poor will have to face imprisonment. The question arises concerns the effectiveness of imposing fines to remedy the ailments in society. It also questions the reformative value of the punishment and how it can benefit the victim. This article evaluates the existing legal framework relating to financial punishments in Malaysia. In doing this, the objective of the article is to provide suggestions as to how these questions could be answered by incorporating Shari’ah principle of al-’adl International Islamic University Malaysia 2017-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/57538/1/article%20intellectual%20discourse%202017.pdf application/pdf en http://irep.iium.edu.my/57538/7/57538_Should%20fines%20also%20benefit%20victims_SCOPUS.pdf application/pdf en http://irep.iium.edu.my/57538/13/57538_Should%20fines%20also%20benefit%20victims_wos.pdf Hussin, Nasimah and Zawawi, Majdah and Wan Muhammad, Ramizah (2017) Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law. Intellectual Discourse, 25 (1). pp. 187-202. ISSN 0128-4878 E-ISSN 2289-5639 http://journals.iium.edu.my/intdiscourse/index.php/islam/article/view/997/690 |
| spellingShingle | KBP Islamic Law Hussin, Nasimah Zawawi, Majdah Wan Muhammad, Ramizah Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law |
| title | Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law |
| title_full | Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law |
| title_fullStr | Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law |
| title_full_unstemmed | Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law |
| title_short | Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic law |
| title_sort | should fines also benefit victims? an evaluation of fines as a form of punishment in malaysia with special reference to islamic law |
| topic | KBP Islamic Law |
| url | http://irep.iium.edu.my/57538/ http://irep.iium.edu.my/57538/ http://irep.iium.edu.my/57538/1/article%20intellectual%20discourse%202017.pdf http://irep.iium.edu.my/57538/7/57538_Should%20fines%20also%20benefit%20victims_SCOPUS.pdf http://irep.iium.edu.my/57538/13/57538_Should%20fines%20also%20benefit%20victims_wos.pdf |