Witchcraft Crime: Proposals for the Codification of Witchcraft Criminal Laws in Malaysia

Jenayah Sihir: Cadangan Pengkanunan Undang-undang Jenayah Sihir di Malaysia

Abstract

This study focuses on the enforcement of legislation in Malaysia, particularly the implementation of the witchcraft criminal laws. It examines the efforts made by the legislative bodies and the challenges faced in enforcing these laws. The issue of witchcraft is not a new concern that negatively affects the legal system in Malaysia, rather, it is intricately linked to the fundamental principle of justice among individuals. This study employs qualitative methodology to explore the prevailing concept of witchcraft crimes in Malaysia. It examines the relevant articles, scientific literature and judicial cases associated with the practice of witchcraft. Additionally, the study addresses the escalating issues surrounding witchcraft in Malaysian society, particularly among Muslims, which stem from the lack of specific legislation to penalise those who perpetrate and engage in witchcraft. This situation necessitates a legislative transformation to implement a specific statute addressing these criminal acts. Although numerous scholarly papers have explored the topic of witchcraft crimes, it is evident that prior studies have often overlooked the practical steps that courts can take to navigate the challenges in enforcing such laws. Therefore, this study proposes rational recommendations for judicial action in implementing witchcraft legislation.