Chapter 1 – Report of the Policy, Law and Complaints Group
have come to believe that the death penalty may cause more harm to the convicted
person as well as to his family;
(iii) According to the Hindu scriptures, the sentence of death is allowed in certain instances
but there are also several religious texts that forbid the imposition of the death penalty.
The Dharma Sastra, for instance, which describes the different types of crime and
punishment, includes the death penalty in several instances, for example, for offences
such as murder and treachery. However, another scripture, the Mahabharata, opposes
the use of the death penalty;
(iv) In Taoism, life is sacred and only God has the power to take the life of a being. Therefore,
the concept of the death penalty does not exist in Taoism;
(v)
Meanwhile, in Islam, there are offences under Hudud law which are punishable by
death namely fornication, gang robbery, treason/waging war against the Government,
and apostasy. In the context of Qisas, it is not compulsory for a convicted murderer to
be sentenced to death as the victim’s next of kin may instead choose to forgive and
to request for compensation (Diyat) to redeem the wrongdoing;
(vi) With regard to Takzir (punishments created by the Government), there are debates
among scholars concerning the highest degree of punishment allowable under Takzir.
For instance, some scholars argue that the negative effects of drugs on society make
the offence of drug trafficking equivalent to offences punishable under Hudud laws.
Thus, the death penalty could be imposed on offenders in drug-related cases;
(vii) In Islam, it is important and compulsory to avoid doubt in all cases. The evidence
produced before the Court must be accurate and conclusive and there should be no
doubt raised at any stage of the proceedings;
(viii) All participants emphasised the need for a fair trial in cases involving the death
penalty; and
(ix) All participants also indicated that should imprisonment be considered as the alternative
punishment in capital offences, the implication on all parties involved needs to be
studied further and must be scrutinised.
The Commission noted that there are various common universal values in respect of the
sacredness of life among all major religions, and therefore they should be considered and
incorporated in Malaysia’s laws and regulations.
Further to this issue, the Commission also agreed to be one of the partners of the first Asian
Regional Congress on the Death Penalty initiated by the Ensemble Contre La Peine De Mort
(ECPM), a French-Based NGO that has been working to promote the abolishment of the
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