THE ISSUES OF PUNISHMENT RELATED TO SHAMAN AND WITCHCRAFT CRIMES AND ITS RELATION TO ISLAMIC CRIMINAL LAW IN MALAYSIA

Abstract

This study investigates the intersection of shamanic practices and criminality in Malaysia, focusing on cases where individuals involved in or accused of shamanic activities find themselves entangled with the country's legal system, particularly within the context of Sharia and Hudud law. While shamanism holds deep cultural and spiritual roots in Malaysia, instances where such practices are perceived as criminal offenses raise complex questions about the boundaries between tradition, religious norms, and legal frameworks. Utilizing a multidisciplinary approach, this research analyzes selected shaman-related crime cases to understand the specific nature of the alleged offenses, legal proceedings, and outcomes. The study explores how Sharia and Hudud laws, derived from Islamic principles, are invoked or applied in addressing criminal accusations related to shamanic practices. Additionally, it examines the role of religious authorities, legal institutions, and societal attitudes in shaping the legal response to such cases. By examining the legal implications of shamanic activities, this research contributes to the ongoing discourse on the compatibility and tensions between traditional cultural practices and formal legal systems, particularly in predominantly Islamic societies like Malaysia. The study aims to unravel the complexities surrounding the classification of shamanic practices as criminal acts, the legal justifications employed, and the potential impact on cultural diversity and religious freedoms. The findings of this study offer insights into the challenges and opportunities for legal adaptation and interpretation within the Sharia and Hudud framework, as well as the broader implications for the coexistence of diverse cultural practices and religious norms in Malaysia's legal landscape. The research concludes by suggesting avenues for fostering a more nuanced and inclusive approach to addressing the intersection of shamanic practices and criminality within the framework of Sharia and Hudud law.