Tafsiran Peruntukan Kesalahan Bersekediaman dalam Enakmen Kesalahan Syariah (Negeri Melaka) 1991.

The implementation of Syariah criminal law enforcement in Malaysia often invites negative comments and polemic among the Muslim society. Shariah criminal law must be treated with prudence, caution and carefull so as not to provoke criticism and slander from the public and to ensure that its enforcers emphasize the principles of justice. One of the issues that makes Syariah criminal law unsuccessful is that practitioners potray diffrences in interpreting existing legal provisions. The interpretation of the provision is necessary because the provisions stated are general, do not explain the actual meaning and the elements that constitute the offense. In addition, the need for interpretation is due to different backgrounds among the legal practitioners involved likes Religious Enforcement Officers, Syariah Prosecutors and Syariah Judges. Accordingly, this study aimed to examine the interpretation of cohabitation offences under the Syariah Offences Enactment (Melaka state) 1991. This study is a qualitative study using a document analysis approach and semi-structured interviews in data collection. The data were analyzed thematically and descriptively. The results of this study are able to ilustrate in detail the meanings and elements of the provision of cohabitation. This study can assist the authorities, legal practitioners and Syariah Courts in enforcing Shariah criminal law enforcement. [ABSTRACT FROM AUTHOR]