The Objective of Community Service Orders and The Perspective of Shariah Judges

Punishment in Islam should meet the main objectives of sentencing based on Islamic law. As a community service order is a new sentence to the criminal justice system proposed in Sharia, the penalty is a need to ensure conformity with Islamic law which is in accordance with the Maqasid Shariah. However, for the purpose of implementation will have to consider the views of certain groups. Thus, this study was conducted to examine the sentence of community service orders in accordance with Maqasid Shariah. In addition, this study also aims to identify the goals of this execution in the view of Judge. This is a case study which is using the document analysis and semi-structured interviews as a methodology. The interview were held with nine Syariah High Court Judge and the Chief Registrar of the Syariah Court in five states in Malaysia. The findings of the study were analyzed using thematic and descriptive methods. This study showed that community service order by Maqasid Shariah fullfill the Islamic law sentence. This is based on the findings of the Judge and supported by jurists discussed on Maqasid Shariah. Execution is said to have a positive impact on the offender and the community. Therefore, it should be done as an alternative punishment for the criminal offense of Shariah in Malaysia.