1) Describe the function or role play of a Civil Court and Syariah Court in Malaysia.

(4
marks)
Syariah Court which has limited jurisdiction over matters of state Syariah Law.The
Syariah Court , hear adn determine all actions and proceedings in which all the parties of
Muslims related to . The Syariah Courts have jurisdiction only over matters involving
Muslims and cases relating to violation of Islamic Laws, and can generally only pass
sentences of not more than three years imprisonment, a fine of up to RM5,000, and/or
up to six strokes of the cane. Example of cases of Syariah Courts is marriage , divorced ,
judicial separation , claiming property , custody , will or death-bed gifts , inheritance or
division of a state property , and many more . Civil Court in Malaysia , will have
jurisdiction over matters regarding civil cases such as killing , robbery and many more .
The civil cases is being conducted in High Court , Sessions Court , Magistrate Court ,and
Penghulu Court . It punishments includes the sentenced to death , canning , and prison
life . Conclusion is , any cases except those involves with Islamic matters will be deal by
the Civil Court under civil law .

2) Give one point showing the difference of caning system in the Civil Court and
Syariah Court in Malaysia? Provide example and explanation. (4 marks)
For the Civil court , the material of the rattan used is rather different compare to Syariah
Court . Civil court used a very big and hard rattan , long in length and very large in
diameter compare to the on used by Syariah Court , it is smoother , small in diameter
and not very long . The rattan used by the Civil court is first soaked with some chemical
liquid so that it won't be attached to the victim's butt . Civil court punishments in
whipping a person can only be done on only one part that is the butt , whereas for
Syariah Court , the person can be whip anywhere as long as it is done at the back of the
person . It can be done at the butt , at the back of the body , legs and many more . For
civil court , the person that can be whip must be a man , not a woman or lady no matter
what age they are , and of the person is 50 years and above , the caning punishments
will be converted to prison years . For Syariah court , women that needed to be whip ,
must sit on a chair while a man must stand with nothing holding him as he is free to
move . For Syariah Court , the way the cane a person is not that cruel compare to Civil
Court . In Syariah Court , the arm of the whipper , must be 90 degree and must be
straight linear to his shoulder . The example is like , when the whipper is holding
something under his armpit , the thing will not fall along the caning process . For Civil
Court , the rattan swing 360 degree and must be very accurate as it must hit the butt of
the person . The rattan is swing with super fast speed .

3) Do you think Syariah Court should amend the caning acts by following totaly of the
Islamic laws? Why? (5 marks)
Yes of course . As we all know , we are an Islamic Country eventhough we have different
races , culture and religions . As an Islamic Country , we must follow the rules set by our
God , Allah SWT . In Al-Quran , stated already on how to punish someone or to give
someone a lesson . Hudud Law must be impose in our country as we as the citizens also
carry the responsibilities of this not only the ruler or the country itself . If we ourselves
as Muslims , cannot follow what Al-Quran stated , can we be a good Muslims?? Can we
assure that life in Akhirat is waiting for us in peace?? And for the Non-Muslims , they
don’t have to be fear of this law , the Hudud Law , as it is only enforced among Muslims .
Talking about the caning system in Islam , or in Syariah Court itself , it is a very light
punishment but it is very meaningful to the person that got through it . In Islam , the
purpose of punishments is to give lessons not only to the accused person but also to the
crowd , the society that live together in a country so that the same mistake will not
happen again . Hudud Law is a very simple law . Once , someone has got through its
punishments , the person will not commit any more cases or crimes .

4) Do you think Civil Law should amend the acts by increasing number of
caning punishment ? If yes, please provide one reason and explain your idea in detail.
(5 marks)
I think NO is the best answer . As we can see , the caning punishment in Civil Court is a
very hard punishments . Once you experienced it , you don’t want to get through it
anymore . It should not be increased because it is already enough for crime cases or any
cases involving this type of unishments . The way they whip the person is very harsh and
cruel . Eventhough , you are a body builder or a tough person , after you got two whip of
Civil can , you won’t be able to walk as your nerves has broken and damaged badly . This
is not punishments but it is torturing . We rather sentenced the person to death rather
than doing this . Imagine how bad the wound is . If you got i=one whip , the least time
for you to recover is at least 6 months . That is a very long time and of course a very
deep wound . If we increased the number of whip , there’s no way a person can
sustained all of them as the time for him to recover from one stroke of rattan is 6 months
already . He is dead already before al the caning punishments can be done . Some
people say , a criminal is willing to increase his prison life rather than facing this cruel
caning punishments . What is this? Is this what we call punishments ? This is what we
call killikng softly or torturing . We must leave the Civil caning system and swift to
Islamic caning systems that is lighter and the only purpose of it is to educate the criminal
and the society around him .

5) Why do you think we still have conflicts among different religions regarding the Court
case isues? Provide 2 points together with the explanation and examples.
(7 marks).
Different religions have different views regarding this kind of matter . As Islamic
Country f course we want to enforce Hudud Law , but other religion did’t want it
because they are very afraid their hands will be chopped of if they were caught
stealing . Actually they have misynderstood about the Hudud Law . Hudud Law
can only be enforced for Muslims and the reason why it’s punishments is different
form others is that the law iteself is setup so that any punishments carried out
will bring positive impact to the society and to the one convicted it . It is to
educate the people and to give lessons to the criminal . Imagine , if a person got
caught stealing and he is punished under Hudud Law , then on his hands were
chopped of , do you think anybody else in this coubtry are brave enough to steal
something anymore . That is the purpose of this law . Non-Muslims will not be
affected at all . Regarding the latest issue , the KARTIKA issue , many religions
and countries aroung the world protest on our country saying that we should not
cane a woman . They said that Islamic Law is very cruel as woman can also be
caned . They are wrong ! Before this , lots of cases like KARTIKA happened but
women appealed but not KARTIKA . She did not want to appeal as she herself
wants to change the society and give them lesson . Famous issues in court
nowadays are about marriage . Illegal marriage , abortion , custody and many
more . Conflicts happen among races and religions mostly happen because of the
marriage problems especially divorce . In Malaysia , we have our own way of
dealing with this matter . Child custody . Imagine if a Muslim guy married a
Chinese and she convert into Muslim and Islam . After several years , they
divorced and then the woman returned to her initial religion . The child is the
victim in this situation . If the child live with his mother , did the child have to
follow her mother’s religion ? (vice versa) . If we deal this problem Islamic way ,
the woman in the first place must be sentenced to death as in Islam it is illegeal
to change our religion . That will directly solve the case and the child will go to his
father and live in an Islamic way of life . Islam can solve everything as it is the
Religion of Allah SWT .