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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga
Mohd Kusrin, Zuliza
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam

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Standard Operating Procedure for the Arrests and Detentions of Individuals with Autism in Four Countries Mohd Kusrin, Zuliza; Ab Rahman, Roseliza Murni; Samuri, Mohd Al Adib; Muhd Adnan, Nurul Ilyana
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.16085

Abstract

Autism spectrum disorder (ASD) is categorized under neuro-developmental disorders. Individuals with this disorder experience deficits in social interaction and communication skills as well as repetitive patterns of thoughts and behaviours. The purpose of this study was to comparatively analyze the similarities and differences in Malaysian PDRM Autism SOPs with other countries, namely Malaysia, Hong Kong, the United Kingdom, and four countries in the United States, namely, Wisconsin, New Mexico, Illinois, and Virginia. This research focuses on discussing the important elements emphasized in SOPs and some aspects of similarities and differences between them. The research design is based on document analysis. The data were analyzed descriptively and thematically. Research results that autistic people put them at risk of committing violations of the law without realizing or intending to do so. Since they are also categorized as persons with disabilities, they are thus entitled to legal guarantees appropriate to their status. Therefore, their rights to equality and non-discrimination as persons with disabilities attracted worldwide attention holistically, resulting in specific Standard Operating Procedures (SOPs) in several countries, including Malaysia, namely, the Royal Malaysian Police Autism SOP (PDRM). Likewise, there are several important elements outlined in all SOPs, in aspects of their application, legal references, methods of arrest and detention, and intermediary assistance, and there are some similarities and differences between the SOPs analyzed. The implications of this study show the importance of SOPs for autism arrest and prisoners, to meet their specific legal needs.
Empowering the Rights of Persons with Disabilities in Accessing Justice in the Shariah Courts of Malaysia Mohd Nor, Aishah; Sahri, Mardhiyyah; Mahmod, Zulzaidi; Zainudin, Ulfah Mansurah; Mohd Kusrin, Zuliza
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/w00cs481

Abstract

Persons with disabilities (PWD) face significant barriers in accessing justice in the Shariah Courts of Malaysia. Despite the existing legal frameworks designed to protect the rights of PWD, the implementation of these rights remains challenging. This study seeks (1) to analyse the status of PWD from the Islamic perspective, (2) to examine the Malaysian legal framework on the rights of PWD, (3) to explore the challenges encountered by the Shariah Courts in addressing legal proceedings involving PWD and (4) to propose recommendations for empowering the rights of PWD in accessing justice in the Shariah Courts of Malaysia. This research employs a qualitative study through library research and focus group discussion with five (5) Shariah Court officers from four (4) districts in Malaysia and examines four (4) court files. The data were analyzed using thematic analysis to identify challenges encountered by the Shariah Courts in dealing with legal proceedings involving PWD as litigants and to propose recommendations based on the challenges identified. The study reveals that the absence of a specific law addressing PWD’s rights within the Shariah Courts hinders the full effectiveness of these protections, leading to challenges in implementation. It highlights the need for improvements including the establishment of specialized Standard Operating Procedures to assist the Shariah Courts in accommodating PWDs and enhancing coordination between the Shariah Courts and PWD-related agencies to ensure the effective realization of PWDs' rights to access justice in the Shariah Courts of Malaysia.    
Co-Authors Ab Rahman, Roseliza Murni Che Abdul Rahim, Norsyamlina Hibaoui, Abderrahmane Ismail, Nor Faizah Mahmod, Zulzaidi Mohd Nor, Aishah Muhd Adnan, Nurul Ilyana Sahri, Mardhiyyah Samuri, Mohd Al Adib Yusof, Wafaa’ Zainudin, Ulfah Mansurah