Sharīʿah Criminal Law Enforcement in Hisbah Framework: Practice In Malaysia

Abstract

Abstract: Hisbah is the most important institution in a society and nation.
Enforcement parties are those who are directly involved in executing this. In
carrying out their duties, they bear heavy responsibility because it involves
the rights of Allah (SWT) and the rights of human. Hisbah implies the
implementation of al-amr bi-l-maʿrūf (command the good) when it is clear that
it is abandoned, and wa-n-nahy ʿani-l-munkar (prevention of the bad) when it
is clear that it is done. This study is based on the concept of Hisbah in Sharīʿah
Law which is of a general and widespread aspect of enjoining good and
preventing evil. Literature reviews and library searches have been conducted
intensively to clarify the principles of hisbah. Additionally, descriptive
and content analysis of textual content was done on the provisions of laws
and regulations as well as guidelines on the prevention of sharīʿah crime
parameters in Malaysia. In general, our country has implemented the concept
of hisbah in its own form without the branding of an institution specifically as
“the institution of hisbah”. The roles and functions of hisbah are given to the
Sharīʿah Enforcement Division, Islamic Religious Department in the states.