Al-Diyah As Compensation For Homicide Wounding In Malaysia

Author: Syed Ahmad S.A Alsagoff

Publisher: IIUM Press

ISBN: 9789833855049

Pages:

Year: 2020

Weight:

Price: RM45

This book concerns itself mainly with the law of diyah as compensation for homicide and wounding. It is an attempt to show that this idea of victim of compensation, that conforms to the dictators of reasons, justice and humanity, is applicable as common law for all Malaysians. Human life is sacred and historical survey of how earlier communities responded to homicide and wounding shows and underlying common thread of victim compensation. The notion of crime against society later superseded this practice. Society vindicated itself by punishing the offender with death, in prisonment or find and the idea of conpensating the victim or his family when into oblivion. There is a growing acceptance amongst western and common law countries on the importance of victim compensation. It has brought them closer towards the law of Diyah. The syari'ah has in variably upheld the victim's right to compensaion and a study of recent legislation in Pakistan, Sudan, Iran and the state of Kelantan in Malaysia in implementing the law of Diyah shows its suitability for application in Malaysia. The practice of punishing the offender with fines payable to the state of homicide and wounding need reappraisal in favour of compensation to the victim. A compulsary insurance scheme using the system of takaful will ensure compensation to all victims of homicide and wounding. Without such a scheme, the state should compensate victims in cases where the offender is impecunious.