The discretionary power of the judge in the determination of Ta’Zir punishment

Ta’zir crime consists of all kinds of transgression where no specific and fixed punishment is prescribed. The judge is, in this case, authorised to inflict a punishment on the offender as he deems fit under the particular circumstances of the case. Since ta’zir punishment is subject to the discret...

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Main Author: Nasimah Hussin
Format: Article
Published: Fakulti Undang - Undang 2004
Online Access:http://journalarticle.ukm.my/1660/
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author Nasimah Hussin,
author_facet Nasimah Hussin,
author_sort Nasimah Hussin,
building UKM Institutional Repository
collection Online Access
description Ta’zir crime consists of all kinds of transgression where no specific and fixed punishment is prescribed. The judge is, in this case, authorised to inflict a punishment on the offender as he deems fit under the particular circumstances of the case. Since ta’zir punishment is subject to the discretion of the judge, the question arises as to whether this discretionary power is absolute or limited. Hence, this paper discusses the power of the judge in the determination of ta’zir punishment and the extent of which the judge has in exercising his discretion in determining punishments, are relevant to the topic and will also be discussed
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institution Universiti Kebangasaan Malaysia
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publisher Fakulti Undang - Undang
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spelling ukm-16602019-05-14T04:43:57Z http://journalarticle.ukm.my/1660/ The discretionary power of the judge in the determination of Ta’Zir punishment Nasimah Hussin, Ta’zir crime consists of all kinds of transgression where no specific and fixed punishment is prescribed. The judge is, in this case, authorised to inflict a punishment on the offender as he deems fit under the particular circumstances of the case. Since ta’zir punishment is subject to the discretion of the judge, the question arises as to whether this discretionary power is absolute or limited. Hence, this paper discusses the power of the judge in the determination of ta’zir punishment and the extent of which the judge has in exercising his discretion in determining punishments, are relevant to the topic and will also be discussed Fakulti Undang - Undang 2004 Article PeerReviewed Nasimah Hussin, (2004) The discretionary power of the judge in the determination of Ta’Zir punishment. Jurnal Undang-undang, 8 . ISSN 1394-7729 http://ejournal.ukm.my/juum
spellingShingle Nasimah Hussin,
The discretionary power of the judge in the determination of Ta’Zir punishment
title The discretionary power of the judge in the determination of Ta’Zir punishment
title_full The discretionary power of the judge in the determination of Ta’Zir punishment
title_fullStr The discretionary power of the judge in the determination of Ta’Zir punishment
title_full_unstemmed The discretionary power of the judge in the determination of Ta’Zir punishment
title_short The discretionary power of the judge in the determination of Ta’Zir punishment
title_sort discretionary power of the judge in the determination of ta’zir punishment
url http://journalarticle.ukm.my/1660/
http://journalarticle.ukm.my/1660/