Syariah court Vs Civil court.

[orchipalar]

Err...Orchi has other questions...what happens when a Muslim man is alleged to have committed rape to another Muslim woman or minor...whether or not the victim is under his guardian...would he be tried in the Syariah court or civil court...?

Having asked that...what is the penalty for such rape in the Syariah court...should the defendant is found to be guilty as charged...?

Is the sentence or penalty heavier or lesser as compared with the provisions in the civil court...?

Appreciate any clarifications or comments on the above questions...TQ :)

http://www.usj.com.my/bulletin/upload/showthread.php?threadid=10915

[mykern]

If I may ... I think it depends on which court the accuser brings the action to .. if it were the syariah court, then the onus of proof and penalties will be guided by the syariah. If it were the civil courts then civil rules apply.
What litttle I know about muslim rape cases is that you need 4 witnesses to attest to the rape ever happing before a conviction can be made. Not the same for a civil case, where substantial evidence is necessary. .. so it is harder to obtain a conviction in a syariah court. But with the camera on the handphone, this is not so remote anymore. .. ha ha
sabaidee ..

[bobkee]

The Syariah Court's jurisdiction is limited to only family and inheritance law. Rape would be considered a penal code offence and will be tried under the criminal justice system, which is based on common law.

There were attempts in the past to extend the jurisdiction of Syariah law to criminal offences too; ie. the Hudud; but we know what happened to it.

[shali]

In one excellent law faculty moot competition that I presided, there was an issue that was not argued fully.

Civil high Court almost always have to decide between syariah doctrines and civil doctrines, and that will put them in an apparrent head on collission with Syariah Courts.

But get this straight:

High Court judges who are appointed after consultation with the Conference of Rulers (see explanation below) are themselves required under their oaths of office to PRESERVE AND DEFEND THE CONSTITUTION.

No where are they required to preserve and defend anything else.

Food for thought.



Explanation
(Sultans are the Heads of Islamic Region in their respective States and the DYMM YDP Agung as Head of Islam in FT, Penang and Melaka)

[joker2107]

the quality of thinking which led 2 this episode wud, i exepct, see food as for eating. thought? they ain't yet shown evidence of capacity to think. ;)