The Implementation of Alternative Sentence in Syariah Courts: The Need to Strengthen the Legal Provisions in the States’ Shariah Acts/ Enactment

The Alternative Sentence provides the Syariah Court with an additional option of sentence apart from the limited forms of sentence available to it. Such form of sentence serves the purpose to rehabilitate convicted persons rather than to punish them. However, many aspects need to be considered and studied in detail, especially from the aspect of relevant legal provisions to avoid any legal issues arising in the future. Such consideration is crucial in the light of the fact that under Malaysia syariah legislative system, each state has the exclusive power of authority to make legislation and interpretations related to Islamic law in their respective states as provided for by the Federal Constitution. As an initial step towards the implementation of alternative sentence in the Syariah Court, it is noted that the source of power or the legal provisions in the Shariah law of each of the states are the main aspects to be looked into and be reinforced compared to other aspects. Thus, this article used the qualitative approach to clarify the existing legal provisions and thereafter to propose improvements on some of the important aspects to be considered as an initial step towards strengthening the implementation of alternative sentence in the Syariah Court in a systematic way. The study found that the successful reinforcement of this law in the Acts and the State Enactments provides a clear path for the implementation of alternative sentence on a wider scale apart from fending of debates and disputes from the perspectives of legislation and power.