Mitigating and aggravating factors in Islamic criminal justice and Malaysian criminal justice

Abstract

Sentencing is aimed to punish the convict in order to deter him not to commit the offence again. In sentencing the court may consider some factors that forwarded by the parties that much influence the degree of punishment whether lighter sentence or severe sentence in order to uphold the criminal justice. The factors that covered under Islamic law are depending to the kinds of punishment and the judge has to hear these factors and even there are no mitigating and aggravating factors forwarded by the parties, he himself has to consider these factors. While, under Malaysian law, the consideration is vastly upon the judge to consider the factors that raised by the parties. Therefore, this dissertation deeply endevours comparing the mitigating and aggravating factors in Islamic Criminal Justice and Malaysian Criminal Justice.