| Abstrakt: |
International legal developments may have an impact on the formulation of laws and policies in a country. In terms of criminal law, for example, there are international calls for some municipal laws to be revised. Among them is a call to repeal the law prohibiting attempted suicide and the death penalty. This abolition step is said to be required to ensure the welfare of modern society. However, the government must carefully investigate this matter while keeping the context of the country in mind. Furthermore, some international laws may be incompatible with Shariah. In dealing with this issue, the government may apply the siyāsah syar‘iyyah approach in making decisions and considering appropriate actions. The aim of this paper is to discuss the concept and elements of siyāsah syar‘iyyah, particularly in the context of criminal law implementation. Then, its application in dealing with issues pertaining to attempted suicide and death penalty legislation in Malaysia is discussed. Thematic and comparative analysis methods were used in the study. The study finds that the government has extensive powers in enforcing policies and laws relevant to current needs, particularly regarding the crime of takzir. However, there are certain guidelines to ensure that the actions taken by the government is fair (siyāsah ‘ādilah) and in accordance with shariah. In Malaysian context, it is discovered that the process of reviewing the related laws takes into account the current reality (fiqh alwaqi’), considers the public interest (maṣlaḥah) and harm (mafasadah) (fiqh al-muwāzanat) and deliberates the priorities (fiqh al-awlāwiyyat), all which are elements of siyasah syar’iyyah. Thus, it is hoped that future government actions will benefit the people. [ABSTRACT FROM AUTHOR] |
