Does the DNAA concept align with principles of Islamic jurisprudence?

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The Concept of Discharge Not Amounting to Acquittal (DNAA) Aligns with Islamic Jurisprudence Principles

The notion that the concept of "discharge not amounting to acquittal" (DNAA) is inconsistent with Islam has been refuted by the minister in charge of religious affairs, Datuk Seri Mohd Na’im Mokhtar. He asserted that this concept is, in fact, present within Malaysia's Shariah legal framework at both federal and state levels, and is also recognised in legal systems abroad. The minister highlighted that the principles underpinning DNAA, where an accused individual can be discharged without a final acquittal, allowing for potential future prosecution, are supported by the writings of late Islamic scholar Abdul Karim Zaidan.
Shariah Laws Incorporate DNAA Provisions

The presence of DNAA is evident in Malaysian Shariah criminal procedural laws. Specifically, Section 103 of the Shariah Criminal Procedure (Federal Territories) Act 1997 outlines that a prosecutor may choose not to continue prosecuting an accused person at any stage before a judgment is delivered, provided the court deems it fit. Such a discharge explicitly states that it does not amount to an acquittal, unless the court orders otherwise. This provision is mirrored in the Shariah criminal procedure laws of all Malaysian states, with a minor variation in Kedah where it is found in Section 104.
Legal Framework and International Parallels

The Shariah Criminal Procedure (Federal Territories) Act 1997 was carefully formulated to meet contemporary needs in the implementation of Islamic laws and does not contravene "hukum syarak" (Islamic laws). This Act served as a model law, endorsed by the technical committee on Islamic and civil laws of the National Council for Islamic Religious Affairs (MKI), aiming to standardise Islamic laws across the nation. Furthermore, the concept finds parallels in international legal practices, such as Qatar's Criminal Procedure Code, which empowers courts to halt proceedings at any stage for legally permissible reasons.
DNAA as an Adopted Legal Concept

In conclusion, the minister stated that DNAA is a concept that has been integrated into the current legal systems within Malaysia, encompassing both civil and Shariah courts. Its existence in these judicial settings, alongside comparable provisions in other jurisdictions, demonstrates its acceptance as a procedural mechanism. The minister advised against issuing statements that could lead to public confusion regarding this legal concept.

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Does the DNAA concept align with principles of Islamic jurisprudence?

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