AN ANALYSIS OF ALTERNATIVE SENTENCING FOR YOUNG OFFENDERS UNDER SYARIAH CRIMINAL LAW IN MALAYSIA AND BRUNEI

Abstract

Alternative sentencing has emerged as an important approach in addressing young offenders within the Syariah criminal justice system, particularly through mechanisms that emphasise rehabilitation and moral development. In both Malaysia and Brunei, the application of such sentencing is grounded in the principle of taʿzir, which allows judicial discretion in determining appropriate punishments. Accordingly, this study aims to analyse the legal frameworks and practices relating to alternative sentencing for young offenders under Syariah criminal law in Malaysia and Brunei. The study adopts a qualitative legal research approach, employing doctrinal and documentary analysis. It focuses on primary legal sources, including the Syariah Criminal Procedure (Federal Territories) Act 1997, the Syariah Courts (Criminal Jurisdiction) Act 1965, and relevant state enactments in Malaysia, as well as the Syariah Penal Code Order 2013 and the Syariah Courts Criminal Procedure Order 2018 in Brunei. Secondary sources, such as academic literature and institutional reports, are also examined to support the analysis. The findings suggest that both jurisdictions provide legal mechanisms for the application of alternative sentencing for young offenders, including admonition, good behaviour bonds, and supervisory measures. However, the 
structure and implementation of these measures differ due to variations in legal frameworks, jurisdictional scope, and institutional arrangements. In Malaysia, the application of alternative sentencing operates within a federal structure where Syariah laws vary across states, whereas in Brunei, the legal framework is more centralised under national legislation. This study contributes to the existing literature by providing a clearer understanding of the statutory provisions and institutional contexts that shape the application of alternative sentencing within different Syariah legal systems.