The Prosecution of Islamic Criminal Offences Related To LGBT In Online Platforms: An Analysis Of Syariah Criminal Offences (Selangor) Enactment 1995

Abstract

Over the recent years, the promotion of Lesbian, Gay, Bisexual and Transgender (LGBT)immoral behaviour has been done publicly on online platforms such as Instagram, Facebook, Twitter, TikTok and so on. Apart from that, several dating apps have been widely used for these purposes. Hence, the objective of this paper is to review and analyse the provisions of theSyariah Criminal Offences (Selangor) Enactment 1995 related to LGBT offences and to propose improvements to the existing provisions to prosecute LGBT offences committed on onlineplatforms. This qualitative study uses a document analysis approach to collect data. The findings found that there are existing provisions that can be used to prosecute LGBT offences committed online. However, these existing provisions have several issues in terms of substantive, evidence and procedures that require further improvements. To overcome these issues, this paper suggests several improvements such as enacting specific provisions for Islamic criminal offences committed online, amending the Syariah Courts Act 1965 or known as Act 355 to increase the limit of punishment and establishing a technology unit and appointment of skilled officers in the Department of Prosecution.