Implementation of diyya involving a murder case in Malaysia: Challenges and resolutions

الملخص

In Islamic criminal law, the punishment known as diyya not only penalizes the offender but also provides compensation to the victim’s family for the life lost. However, the issue of implementing diyya, particularly in cases of murder, has long been debated among academics. Suggestions to implement diyya within the Malaysian legal system have also been put forward by the Yang di-Pertuan Agong, who recognizes its potential if incorporated into the existing legal framework. Nevertheless, to date, no official decision has been made by the relevant authorities to implement diyya. The obstacles faced by legal authorities in implementing diyya may include legal complexities, procedural challenges, and issues related to public perception. Therefore, this article aims to examine diyya from an Islamic perspective, analyze the existing legal framework governing murder cases in relation to the possible implementation of diyya, and discuss the challenges associated with its implementation along with potential resolutions. These proposed resolutions are formulated based on Islamic principles and their reasonableness within the context of Malaysia’s legal system, societal structure, and contemporary realities. This article adopts a qualitative research methodology, relying on the analysis of sources such as books, academic journals, legal statutes, online materials, and other relevant documents. By examining the challenges and proposing appropriate solutions, this study seeks to contribute toward the potential integration of diyya into the Malaysian legal system in a manner that upholds justice for both offenders and the victims’ families.