Analysis of Hifz al-Nafs' (Protection of Life) Achievements on the Shariah Criminal Offenses Enactment in Malaysia Based on the Fuzzy Delphi Method

Abstract

In Islam, life is considered extremely sacred. Thus, the protection of life is classified as one of the most important objectives in Maqasid Syari’ah. Malaysia, in particular, has established a provision of the Administration of Shariah Court Enactment whereby a person is excluded from offences committed under forced circumstances. This suggests that an individual who commits a Shariah crime under coercion will be murdered if he does not execute the crime. Although jurisdiction over the crime of murder is not specifically discussed in the Administration of Shariah Court Enactment, the purpose of the exemption has to do with the preservation of life (Hifz al-Nafs). Therefore, this study aims to evaluate the views of experts to seek their approval based on the exemption provisions in the enactment, whether this is consistent with the Maslahah. This study has adopted the fuzzy Delphi analysis method, with a survey conducted among 20 expert informants consisting of academics, syarie judges, and syarie lawyers. The finding shows that all expert informants agreed that the exemptions addressed in the Syari’ah Criminal Offenses Enactment in Malaysia acknowledge the Maslahah of Hifz al-Nafs (preservation of life). The finding shows that the expert group of the study agreed that while the provision was not the death sentenced for the criminality of homicide, the exemption from punishment is justifiable under certain situation which could save human lives.