Reflection of jurisprudence in the criminal codes of Shafi'i countries: Case study of Indonesia, Brunei, Malaysia and Yemen

One of the important issues regarding the penal system of Muslim countries goes back to the issue of what is the position of Islamic jurisprudence in them and what approach have the legislators taken to this issue? In order to explain this issue in the present article in the form of a case study and descriptive analytical method of the criminal system and regulations of four countries with a predominantly Shafi'i population of Indonesia, Brunei, Malaysia and Yemen has been studied. While the history of criminal Regulations in these countries shows that they have long been inspired by foreign origins, they have gradually joined the Islamization movement in the criminal realm, although in this regard Some sharia laws are enacted at the national level and some at the regional level. In addition, in some of these countries, the laws are more inclusive of sharia crimes and punishments than in others. However, in the countries under study, the legislation is based on Shafi'i jurisprudence, although in some cases they have deviated to the positions of other Sunni schools.