Benefit of Having Death Penalties

• Civil perspective
– Effectiveness as against the law deterrent.
– Discouraged to commit crime
• Islamic perspective
– 2 main situation; Qisaas and Hiraabah
– Emphasis in Islam is not on punishment itself but
the reform of the criminal
• Shahid Athar, MD, President of the Islamic Medical
Association of North America, wrote in his article “Capital
Punishment - A Faith Issue in an Islamic Perspective,” that
there are only three crimes for which the death penalty is
justified:;
i. In lieu of an unjust and proven murder, life for life;
ii. Adultery (zina) committed by a married person, either confessed
by him or her four times, or if the act is witnessed by four people;
iii. Apostasy from Islam after willingly accepting it, declaring an open
revolt against Islam, threatening the solidarity of the Muslim
community.
• Sheikh Ahmad Ash-Sharabasi, former Professor of
Islamic Creed at Al-Azhar University (Cairo, Egypt),
issued a fatwa which state that;
“Death penalty is not a recent legislation, so it should not be
subject to different views on whether to impose, lift or cancel
it. It has been ordained a long time ago. All lawmakers
legalize self-defense, and they say it is permissible for one to
kill a person who attacks him, if there is no other way.”
 Opportunity to Abolish Death Penalty
• Comparative example for the steps to abolish this capital
punishment as in Britain
– Step-by-step method
– Fully Parliamentary debate on the capital punishment was made
in 1929
– Experimental five years was made to suspend the punishment
– By post-war era, reform had been pushed by advocates.
– By 1956, the imposition of limitation like in the Homicide Act of
1957 restricted death for murder on certain accounts
– 1965 the introduction of the Murder (Abolition of the Death
Penalty) Act
– Britain only became a fully abolitionist nation by 1998
• Through advocacy and educating the public on
research of how the death penalty could actually
regularly decrease the rate of crime from happening
– The issue of whether death penalty itself has the deterrent
effectiveness lacking in other less lethal punishments.
• A research of 289 cases studied by the Penang
Institute;
– 80 cases were revised
– An average of 27.7% of High Court and 50.0% Court of
Appeal death penalty judgments overturned by immediate
higher courts.
 Challenges of removing death
penalty
 capital punishment was declared for a few several offenses
generally against property and individual.
 In Malaysia, there are a significant number of offenses which
convey capital punishment. Among such offenses are those
found in the Penal Code, the Internal Security Act 1960
(Revised 1972), the Dangerous Drugs Ordinance 1952, the
Firearms (Increased Penalties) Act 1971 and the Kidnapping
Act 1961
 Capital punishment can be protected or condemned on
grounds of either equity or utility. By "equity", it implies
thought of wellness and decency: demise either is or is
anything but a fitting, suitable or fundamental discipline for
the individuals who carry out specific sorts of wrongdoings,
and such discipline either can or can't be decently controlled
• A jail is a foundation, not exclusively to dole out disciplines
alone but rather undeniably more vitally to give its detainees
in to the extent it can, with a fresher and progressively
confident knowledge into the reason for survival
• In 2017, the Malaysian parliament passed a correction to the
Dangerous Drugs Act, 1952, expelling the compulsory capital
punishment for those sentenced for transporting, sending,
or conveying a precluded substance who likewise co-worked
with law authorization in upsetting medication dealing
exercises (Pharmaceutical Services Programme, 2019)