Whipping: a Comparative Study between Islamic law and Syariah Courts in Kelantan

Abstract

This research is a comparative study between Islamic law and Syariah Courts in Kelantan about the punishment of whipping and it's implementation. The purpose of this research is to analyze the method of whipping punishment according to al-Qur'an and Hudith. In Islamic law, punishment of whipping is the punishment or reciprocation for those who commit a crime without consider their descent or statues. Next, another purpose of this research is to know the implementation of punishment of whipping which implemented in Syariah Courts, Kelantan, for offenders according to the Syariah Criminal Code Enactment, No 2. 1985 and also the jurisdiction of Syariah Courts to implement it. In order to achieve this purpose, the writer make a research to the Syariah Criminal Code Enactment No 2. 1985 beside the condition and the method of implementation of whipping punishment as allotment by Government of Kelantan to Syariah to implement it. As a conclusion, the result from this research is to insure justice in judicial system. But there are different in the method and forms of its implementation.