Kepentingan Aspek Keterangan dalam Penulisan Alasan Penghakiman Kes Jenayah Syariah di Malaysia: Satu Analisis
Abstract
The Importance of Evidence Aspect in Ground of Judgement Writing in Malaysian Syariah Criminal Cases: An Analysis
The writing of the grounds of judgement is an important judicial process in establishing justice in court. In a syariah criminal cases, it involves the preserving the rights and dignity as the accused can be convicted of an offence and sentenced to a punishment. Thus, the writing of a ground of judgement is extremely significant in explaining how and why a judgement is decided. One of the aspects of ground of judgement which needs to be explained is the aspect of evidence. The objective of this writing is to analyse the writing of the aspect of evidence in the ground of judgement in syariah criminal cases. This writing also aims at identifying related problems faced by syarie judges and suggests solutions to problems occurring in the process of the writing of evidence aspect in the grounds of judgements. This writing is based uses qualitatively as its research framework. This writing finds that the aspect of evidence has less been stressed out in the grounds of judgements in syariah criminal cases and even most of the grounds of judgements only deliberate on the aspect too briefly and vaguely. Hence, it is suggested that the understanding and emphasis of syariah judges on the aspect of evidence in the ground of judgement syariah criminal cases be strengthened. In addition, the publication of reported syariah criminal cases in Jurnal Hukum should be increased so that it would become a guideline on how aspects of evidence are commented in a particular writing of a ground of judgement.
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ISSN 0126-5636 | e-ISSN : 2600-8556
Faculty of Islamic Studies
Universiti Kebangsaan Malaysia
43600 UKM Bangi, Selangor Darul Ehsan
MALAYSIA
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