Aplikasi Kaedah Sadd Al-Dharaci dalam Mengekang Persetubuhan Luar Nikah: Analisis terhadap Peruntukan Undang-Undang Jenayah Syariah di Malaysia dan Brunei.

The Application of Sadd Al-Dharaci in Curbing Illegal Sexual Intercourse: Analysis on Syariah Criminal Law Provisions in Malaysia and Brunei.

Sadd al-dharaci denotes preventing something that is contributory to the occurrence of any destruction such as preventing khalwat to avoid fornication. It is important to apply the said principle when implementing syariah criminal law. This research focuses on the implementation of syariah criminal law in Malaysia and Brunei. It is aimed at fulfilling three objectives. Firstly, it analyses legal provisions that aim at curbing illegal sexual intercourse based on sadd al-dharaci. Secondly, it identifies problems relating to legal application. Thirdly, it suggests solutions to the identified problems. This research applies qualitative method whereby the data collected trough library research and semi structured interviews involving law enforcement officer. The data collected was critically and inductively analyse to reach the findings. The research finds that there are some provisions that could be used to prevent illegal sexual intercourse in the context of the Malaysian syariah criminal law. However, the provisions are not fully enforced as the enforcement focuses only on certain provisons such as khalwat, illegal sexual intercourse and public indecency. Thus, it is suggested that a thorough enforcement, including some rarely enforced provisions, need to be implemented. At the same time, some ammendments must be made on related provisions for improvements and uniformity purposes. Meanwhile the research also identifies similar scenarios in Brunei and Malaysia on the increasing statistics on Khalwat cases. In Brunei, for instance, most lodged reports do not reach prosecution stage due to severel issues and obstacles in enforcement and prosecution. This is due to absence of specific guidelines on both aspects. It is suggested that some enforcement, prosecution and administration provisions are improved on. Specific action plans must be implemented in ensuring efficient and effective implementation. [ABSTRACT FROM AUTHOR]

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