Abolishing the Death Penalty:

A Crucial Legal Reform in Malaysia's Criminal Justice and Islamic Law

Mohd. Wasim Ali

Khalid Khan

 

Abstract: The capital punishment (death penalty) was used in country and was considered as a deterrent form of punishment. However, death penalty has now been abolished by more than 70% countries of the world. The advocates of human rights and the international instruments strongly oppose death penalty. The note examines the abolition of death penalty in Malaysia under the purview of Islamic Law, which is applicable in Malaysia as a Muslim Country. With the abolition of death penalty, the legislators of Malaysia hope to reshape the criminal justice system. The move comes in the wake of statistical claims by several human rights organisations that the death penalty does not act as an effective deterrence. More so, there exists the risk of innocent lives being executed, and the capital punishment poses a serious threat as it has irreparable and irreversible repercussions. This note presents a background of the mandatory death sentence, delving into the reasons backing such reformative step and providing insights into the legal reform.