Hukuman bagi Kesalahan Seksual di Bawah Enakmen Jenayah Syariah Negeri Sembilan 1992: Keperluan kepada Hukuman yang Lebih Berat

Abstract

The usual and common punishment that has been imposed on the syariah offenders is either imprisonment or fine. Even in the most serious offence like adultery or illegal sexual intercourse, the punishment is merely a fine. The most maximum fine to be imposed on the offender is only RM5000. On the other hand, whipping which has become a debatable issue in this country, is seldom imposed on the syariah offenders. Looking at this scenario and the increasing number of syariah criminal cases in the country, particularly in Negeri Sembilan, a question arises; is the punishment too lenient making it ineffective to reform the offenders? This issue is highlighted in this article where it is found that there is a weakness in the application of the syariah punishment. This leads to a hypothesis that there is a need to impose a heavier punishment in Negeri Sembilan, particularly in crimes that are sexual in nature.