The Position and Role of Malay Rulers in the Syariah Criminal Justice System in Malaysia

The existence and application of Syariah criminal justice system in is not an issue in Malaysia. From the historical or legal point of views, Syariah or Islamic criminal law has been implemented and acknowledged as part of Malaysia legal system, albeit the restriction and limitation posed by the Federal Constitution. As part of the component of a criminal justice system, Malay rulers, who symbolise the power and sovereignty of a state, hold significant roles and powers in the execution Syariah law; though the roles and powers are rarely discussed. This paper will focus on those roles and powers under the laws, with special reference to the state of Kelantan, and in view of Islamic law principles. The paper will also highlight on possible dilemmas that may become a hindrance to the implementation of Kelantan’s Syariah Criminal Code (II) (1993) 2015 should the law is to be enforced in the current legal setting. In discussing the issues, the paper will look into various literatures from books and writings, besides highlighting and analysing legal provisions from several statutes relating to the roles and powers of the Malay rulers.