Analisis Literatur Tentang Tatacara Perbicaraan Jenayah Syariah Bagi Orang Kurang Upaya Di Mahkamah Syariah

Details on how the Syariah Court in Malaysia handles Syariah criminal cases involving Persons With Disabilities (PWD) are very limited. Present Federal Acts and State Enactments on Syariah Criminal Procedure do not offer specific information regarding trial procedures for PWD. The lack of specifictrial procedures raises questions about the protection of the rights of PWD during Syariah criminal case trials. Therefore, the objective of this study was to analyse literature on Syariah criminal trial procedures for PWD in the Syariah Court. Document analysis and interviews with subject matter experts were the methods used for this qualitative study. Literature analysis is important to obtain an overall understanding of the developments in the Syariah Criminal Procedure and the main issues occuring between PWD and the Syariah Court. This study is also parallel to the national Action Plan for PWD 2016-2022 in promoting research and developments for PWD, especially for improvements of the Islamic Law. The results of this study indicated that PWD encounter physical, social and cultural barriers during trials and there is a need for revising the current Syariah laws in Malaysia to uphold justice and protect their right for fair trials. It is hoped that this study can be used as reference by revelant authorities in conducting more studies on trial procedures for PWD.

Keywords: Persons with disabilities, syariah criminal procedure, Syariah court, trial procedures.