Investigation Procedures in Syariah Criminal Cases: Challenges Faced by Malaysian Syariah Enforcement Officers in Exercise of Their Arrest Power

Abstract

Every society yearns for justice and fundamental liberties. Nevertheless, the present global demand for unqualified freedom and liberties has turned the task of conducting an arrest into a daunting one. First and foremost, an arrest must be carried out in accordance with law. Secondly, an arrest must also conform to principles on human rights and liberties, which is the matter of striking a balance between individual rights and the rights of the society. In this matter, individual rights to move freely without being subjected to unlawful arrest must be balanced up with the rights of the society to be protected from crimes. Such challenges are also faced by the syariah enforcement officers when conducting arrest on suspects in Malaysian syariah criminal cases. Hence, this research analyses the issue of arrest in Malaysian syariah criminal cases by looking at syariah principles and relevant legal provisions. It then identifies problems pertaining to the issue of arrest and suggests some relevant and practical solutions to them. It is also important to note that most of the syariah criminal cases referred to in this research are cases which are still under investigation. As such, all names and references have been camouflaged for secrecy purposes.

DOI: 10.5901/mjss.2014.v5n23p471