OFFENSES BY ISLAMIC LAW AND SYARIAH CRIMINAL LAWS IN MALAYSIA

Abstract

Khalwat's offense is a form of sharia criminal offense enshrined in the criminal enactment of states in Malaysia. This paper discusses the definition of khalwat in accordance with the perspective of the concept of Islamic law which in turn contrasts its interpretation in accordance with the provisions of the Syariah Criminal law in Malaysia. Next the discussion also explains the categories of khalwat according to the Quran and al-Hadith. Additionally, discussions on the differences of khalwat interpretation in accordance with the enactment of state criminal offenses in Malaysia. This paper uses a library study method that analyzes documents such as books, articles and legal provisions in the criminal enactment of states in Malaysia. The findings show that there are differences in the interpretation of khalwat enakmen of criminal offenses in the states of Malaysia. Despite the difference in interpretation, the khalwat is still considered a syariah criminal offense in Malaysia.