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Public University Student’s Views on Malaysia’s Anti-Witchcraft Law
- Mohd Radhuan Arif Bin Zakaria
- Ahmad Muhyiddin B Yusof
- Noor Aileen Binti Ibrahim
- Siti Mardhiah Binti Isa
- Nur Azmina Binti Mohamad Zamani
- 298-310
- Sep 27, 2024
- Law
Public University Student’s Views on Malaysia’s Anti-Witchcraft Law
Mohd Radhuan Arif Bin Zakaria1, Ahmad Muhyiddin B Yusof2*, Noor Aileen Binti Ibrahim3, Siti Mardhiah Binti Isa4, Nur Azmina Binti Mohamad Zamani5
1Asasiundang-Undang, Pusat Asasi Uitm, Kampus Dengkil, Selangor, Malaysia
2Akademi Pengajian Bahasa, Pusat Asasi Uitm, Kampus Dengkil, Selangor, Malaysia
3Akademi Pengajian Bahasa, Uitm Cawangan Perak, Kampus Seri Iskandar, Perak, Malaysia
4Sunway Business School, Department of Business Analytics, Selangor, Malaysia
5Kolej Pengajian Pengkomputeran, Informatik Dan Matematik, Uitm Cawangan Perak, Kampus Tapah, Perak, Malaysia
*Corresponding Author
DOI : https://dx.doi.org/10.47772/IJRISS.2024.809026
Received: 29 August 2024; Accepted: 05 September 2024; Published: 27 September 2024
ABSTRACT
This study explores the interplay of witchcraft and legal perspectives among public university students in Malaysia, reflecting the nation’s rich cultural tapestry. Focusing on how these students view anti-witchcraft laws, the research highlights their role in shaping societal norms amid Malaysia’s blend of Islamic, customary, and civil law systems. Thirty participants from a public university provided insights into key themes: support for anti-witchcraft legislation, challenges in implementation, and the need for enhanced education on the subject. Findings reveal a strong advocacy for anti-witchcraft laws aimed at addressing prevalent witchcraft practices and ensuring justice. Participants expressed concerns about the difficulties in proving witchcraft cases and the potential infringement on individual rights, suggesting the need for a balanced and thoughtful approach to lawmaking. Opinions on the role of education varied; while some see it as a potential deterrent, others question its practicality and effectiveness. Additionally, there was a consensus on the importance of including witchcraft-related legal education in university curricula to prepare future legal practitioners better.The study also highlighted the need for compensation mechanisms for those wrongfully accused of witchcraft, emphasizing the complexity of integrating such measures into civil law. These findings offer valuable insights for policymakers, underlining the necessity of culturally sensitive and well-informed legal frameworks to address witchcraft-related issues effectively.
Keywords: Witchcraft, Civil Law, Malaysia, Public University, Religion
INTRODUCTION
In the dynamic tapestry of Malaysia’s cultural landscape, the phenomenon of witchcraft has woven itself into the intricate fabric of beliefs and practices. Malaysia boasts a rich diversity of cultures, each contributing unique elements to the nation’s identity. Within this diversity, witchcraft takes on various forms, drawing from indigenous traditions, mythical folklore, and religious beliefs. The coexistence of Malay, Chinese, Indian, and indigenous cultures adds complexity to the understanding of witchcraft, as these cultural influences intertwine with modern legal frameworks (Gershman, 2022).
In recent years, Malaysia has grappled with the challenge of harmonising traditional beliefs with contemporary legal structures. The Malaysian legal system incorporates Islamic law, customary practices, and civil law elements. Anti-witchcraft laws, rooted in historical and cultural contexts, add a layer of complexity to the legal landscape (Richmond, 2022). As a segment of the population at the forefront of social change and academic discourse, public university students provide a unique perspective on how these laws are perceived, interpreted, and navigated, especially within the Malaysian context.
This exploration delves into the views and attitudes of public university students regarding anti-witchcraft laws in Malaysia. By engaging with this demographic, we aim to uncover the complexities surrounding the legal treatment of witchcraft, the potential clashes or congruences between cultural traditions and legal mandates, and the evolving nature of societal perceptions within the diverse Malaysian milieu. Through this examination, we seek to contribute to a more comprehensive understanding of the multifaceted dynamics surrounding the discourse on witchcraft within the Malaysian legal landscape. This research attempts to deploy a quantitative approach to uncover the student’s perspective further. A total of 30 respondents are collected from a public university as a means of sample study.
The study aims to investigate the correlation between anti-witchcraft measures and various perspectives on legal safeguards and criminalization, gather students’ views on the relevance of educational campaigns about legal mechanisms addressing witchcraft, obtain opinions on potential remedies within anti-witchcraft legislation, and assess the influence of religion on such legislation.
LITERATURE REVIEW
Khong, K. W. (2023). The intricate history of witchcraft in Malaysia unfolds across centuries, intricately woven into the diverse cultural fabric of the nation. While “witchcraft” may not fully encompass the nuanced spectrum of supernatural beliefs in Malaysia, examining the historical progression of practices, perceptions, and interactions with indigenous, films, foreign, and colonial influences unveils a compelling narrative. In the era preceding colonial rule, Malaysia’s indigenous communities embraced animistic beliefs resonating through dense jungles and across the archipelago (Khairudin Al Junied, 2019). Nature spirits, revered and feared, held a central position in their worldview. Essential to this belief system were shamans and spiritual leaders acting as intermediaries between the physical and spiritual realms, engaging in practices associated with healing, protection, and divination (Khairudin Al Junied, 2019).
These animistic beliefs laid the foundation for Malaysia’s supernatural practices, shaping subsequent influences through a cultural lens. The Indianization of Southeast Asia introduced Hindu-Buddhist influences that left an indelible mark on cultural and religious practices. Magic, rituals, and mysticism became interwoven with local beliefs, giving rise to traditional healers known as “bomohs” or “dukuns” (Khairudin Al Junied, 2019). Drawing from indigenous and Hindu-Buddhist traditions, these practitioners employed practices to maintain spiritual harmony, ward off malevolent forces (Chandler, 2011), and remedy ailments. Yet on the side of the coin, the rituals may be able to inflict harm and threats to the people, as the knowledge possessed by bomohs and dukuns consists of healing and inflicting pain via spiritual mediums and some of them may tame djinns and other malevolent spirits such as saka and pelesit; this collective knowledge is coined as sihir or witchcraft (Syaimak Ismail & Muhammad Saiful Islam Ismail, 2020).
One of the famous examples of warding off malevolent forces conducted by Dukuns in Kelantan is the Main Puteri or Main Peteri ritual. As pointed out by Mustafa (2022), evil spirits may cause some diseases such as fever; therefore, the ritual is conducted to cleanse the evil spirit that resides or causes the disease to the patient. Mustafa (2022) further explicates that the original ritual was practised during the pre-Islamic days that involved Hindu-Buddhist influence and required aid from djinns or evil spirits through blasphemous incantations and totems. Yet, due to the arrival of Islam in Tanah Melayu, the chants have been substituted by Quranic verses and Selawat (Praises) towards the Prophet Muhammad SAW (Mustafa, 2022). Therefore, to a certain degree, the ritual is somehow aligned with the Islamic faith yet may need further clarification on other aspects of the rituals such as the menjamu as this is to provide food to please respect the spirits of the ancestors and dances that are conducted during the ritual (Mustafa, 2022).
Meanwhile, an example of inflicting pain via witchcraft is to be known as santau. As pointed out by Din (2009), santau is a form of witchcraft that can inflict unimaginable pain towards the victim via supernatural aid. To perform this unholy ritual, the bomoh, dukun or caster needs to prepare poisonous and sharp items such as needles, miangbuluh (bamboo powder), broken glasses, snake venom, and centipede venom (Din, 2009). All of these are collected together with the victim’s belongings such as pictures, hairs, blood and even nails, then it will be cast using unholy incantations (Din, 2009). This form of witchcraft is usually delivered through air as this is to be known as santauangin (Kasimin, 2002). Mysteriously, this unimaginable pain caused by santau cannot be detected through modern science, only through alternative means (Hassan, 2015).
The 14th-century arrival of Islam marked a pivotal moment in Malaysia’s spiritual landscape. While Islam condemned specific forms of magic and sorcery, local interpretations sought a synthesis with existing beliefs (Ismail & Ismail, 2020). The concept of bomohs persisted, adapting to Islamic rituals and incorporating elements of traditional healing (Musa & Yunus, 2013), thus such blending of indigenous, Hindu-Buddhist, and Islamic elements highlights the dynamic nature of Malaysia’s supernatural traditions. The colonial period ushered in European powers aiming to control and regulate local practices perceived as superstitious or threatening (Hawksley, 2001). Witchcraft scrutinized through the lens of European moral standards, became subject to colonial laws designed to curb incompatible practices (Hawksley, 2001). These laws and the influence of Western education, missions, and governance structures contributed to a shift in societal attitudes toward supernatural beliefs. In the post-independence era, Malaysia grappled with reconciling traditional practices with modern governance. The legal system, a fusion of Islamic and civil law, reflects this delicate equilibrium (Gary, 2018). Anti-witchcraft laws, rooted in historical and cultural contexts, endure, impacting individuals accused of practicing witchcraft (Quarmayne, 2011). The legacy of colonial legislation continues to shape the legal landscape, resulting in legal consequences and societal stigma for those accused (Hawksley, 2001).
Contemporary Malaysia has experienced the clash and coexistence of traditional practices with modernity. Traditional healers, bomohs, and dukuns continue to thrive alongside advancements in healthcare, especially with the rise of countless sophisticated medical machinery and innovative pills. Globalization, urbanization, and advancement in social media have introduced new perspectives on supernatural beliefs, especially in challenging traditional norms and taboos (Muhamad et al., 2023). Despite these transformations, accusations of witchcraft can still lead to social stigma and legal repercussions. Addressing these issues necessitates understanding the historical context, cultural intricacies, and the evolving dynamics of Malaysian society especially directed towards the context of the Malaysian civil constitution. The history of witchcraft in Malaysia thus offers us a wide horizon of the clashes and misunderstandings that occurred between the forces of modernity and the supernatural. Upon looking at these aspects of harm and healing, both of them are not physically rooted firmly in reality and logical or scientific explanations. Yet these phenomena can deliver their functionality in fulfilling their purpose. The problem arises when the civil constitution rejects such occurrences, yet witchcraft such as santau can be a tool for murder. Additionally, accusations towards the practitioners of witchcraft such as bomohs and dukuns for healing purposes often carry social stigma and may disproportionately affect certain individuals or communities because most of this art involves blasphemous incantations (Musa et al., 2020).
Public university students may explore how anti-witchcraft laws contribute to or mitigate such stigma. Discussions may focus on the potential discriminatory effects of these laws and whether they perpetuate harmful stereotypes, impacting marginalized groups. Given Malaysia’s diverse religious landscape, students may explore the interplay between religious beliefs and legal frameworks. Questions may arise about how Islamic perspectives on magic and sorcery influence anti-witchcraft laws and how these perspectives align with the principles of a secular legal system.
METHODOLOGIES
The chosen methods for this study—open-ended questions, dichotomous questions, and multiple-choice questions—were selected to comprehensively explore the perspectives of public university students on anti-witchcraft law. Open-ended questions allow for collecting qualitative insights, providing a deeper understanding of the students’ thoughts without imposing significant constraints. Dichotomous questions, with their simple “yes/no” format, are useful for validation and ensure straightforward responses. Multiple-choice questions offer a structured way to gather data, with options that help clarify the students’ preferences and opinions. The analysis methods—bivariate analysis and thematic analysis—were chosen to interpret the data effectively.
Bivariate analysis helps identify potential relationships between two variables, providing a statistical understanding of the students’ perspectives. SPSS is used to conduct this analysis, ensuring rigorous and accurate results.
Thematic analysis, on the other hand, organizes the qualitative data into clear and coherent themes, allowing for a deeper comprehension of the collective suggestions and viewpoints of the respondents. Together, these methods provide a comprehensive approach to answering the research questions and unravelling the views and attitudes of public university students regarding anti-witchcraft laws in Malaysia.
RESULTS AND DISCUSSIONS
Demographic
The findings presented in Table 1 highlight some fundamental limitations regarding the generalizability of the study’s results due to its small sample size and specific demographic focus.
While the study involved only 38 pre-university students out of approximately 900 enrolled in the Law Foundation program at UiTM Dengkil, the sample size can still offer valuable insights into the broader student population at public universities in Malaysia. Since pre-university students in the Law Foundation program share a focused academic curriculum and interests, this group provides a relevant subset for exploring opinions on witchcraft-related laws.
However, to strengthen the generalizability of the findings, it’s important to acknowledge that this sample size may not entirely represent the diversity of public university students across Malaysia, who vary in educational backgrounds, regions, and legal exposure. Future research could expand the sample by including a more diverse group of students from multiple universities and regions to ensure that the views expressed reflect broader demographics.
Additionally, this initial sample can serve as a pilot study, offering preliminary insights that future, larger-scale research can build upon, ensuring the findings reflect the wider student body across Malaysian public universities.
Regarding the demographic focus, the sample is characterized by a predominance of female students (65.8%) and a majority of respondents aged 19 (94.7%). This demographic skew may influence the findings, as the perspectives of male students and younger individuals are underrepresented.
Additionally, the concentration of participants within a specific academic program (Law Foundation) and a single institution may result in views that are more reflective of those within this particular educational context rather than the general student population or individuals from diverse educational or professional backgrounds.
Its impact on generalizability, which the specific demographic composition and small sample size may affect the applicability of the findings to other groups. For instance, the high proportion of female respondents might not capture the perspectives of male students, and the focus on pre-university law students may not fully reflect the views of students from other disciplines or stages of higher education. Furthermore, the findings may not be generalizable to students from different institutions or regions, as educational and cultural contexts can vary significantly.
Overall, while the study provides valuable insights into the perspectives of a particular group of pre-university law students, caution should be exercised when applying these results to broader contexts or populations. Expanding the sample size and including a more diverse demographic could enhance the generalizability and robustness of the findings.
Table 1: Demographic Factors
Frequency | Percentage (%) | |
Female | 25 | 65.8 |
Male | 13 | 34.2 |
Total | 38 | 100.0 |
18 years old | 2 | 5.3 |
19 years old | 36 | 94.7 |
Total | 38 | 100.0 |
Past Exposure and knowledge
All respondents reported having knowledge about witchcraft. As shown in Table 2 below, the majority of students (n=15, 39.5%) indicated that they had been exposed to the subject through various forms of literature and mass media, including movies, television, social media, news, and books. In contemporary times, there exists a heightened awareness of literacy among students, accompanied by a growing recognition of the pivotal role that media platforms play as instrumental channels for the dissemination of information. This was followed by exposure in learning institutions (n=11, 28.9%) such as school and university, exposure from family and friends (n=7, 18.4%) and exposure from general life experience (n=3, 7.9%). A small percentage of students (n=2, 5.3%) reported gaining knowledge from both their surroundings and social media.
Table 2: Exposure Factors
Frequency | Percentage (%) | |
Literature and mass media | 15 | 39.5 |
Learning institution | 11 | 28.9 |
Family and friends | 7 | 18.4 |
General | 3 | 7.9 |
Family and friends, literature and mass media | 2 | 5.3 |
Total | 38 | 100.0 |
Subsequently, the students were asked about their knowledge of the purposes of witchcraft. Table 3 below reveals that the majority of respondents (n=34, 78.9%) believe that people engage in witchcraft for personal empowerment, indicating prevalent perception of a desire for self-enhancement through supernatural means. Additionally, a significant number of participants (n=32, 78.9%) reported their understanding that people practise witchcraft to tame demonic familiars, reflecting widespread beliefs in controlling supernatural entities. Moreover, a substantial number of respondents (n=28, 71.1%) cited protection as a perceived motive for engaging in witchcraft, indicating a perceived need for spiritual or metaphysical safeguarding. Furthermore, a considerable percentage of participants (n=27, 65.8%) believed that people use witchcraft for seduction, revealing an understanding of leveraging magical means for romantic or sexual influence. Additionally, roughly half of the respondents (n=25, 52.6%) mentioned that people engage in witchcraft for hypnotism, suggesting an inclination toward manipulating others’ minds through supernatural methods. Moreover, a notable proportion of participants (n=24, 60.5%) indicated their belief that people practise witchcraft for health purposes, underscoring a perceived belief in supernatural healing or well-being promotion. Furthermore, a significant number of respondents (n=23, 60.5%) believe that people use witchcraft for murder, raising concerns about perceived motivations for harmful actions within the surveyed population. Lastly, only a small minority of participants (n=1, 2.6%) reported believing that people practise witchcraft specifically to injure someone else, though this finding still indicates a troubling perception of potential malicious intent among some individuals.
Table 3: Purposes of witchcraft
Frequency | Percentage (%) | |
For personal empowerment | 34 | 78.9 |
For taming demonic familiars (egsakapelesitpolong and etc) | 32 | 78.9 |
For protection | 28 | 71.1 |
For seduction | 27 | 65.8 |
For hypnotism | 25 | 52.6 |
For health purposes | 24 | 60.5 |
For murdering | 23 | 60.5 |
To cause injury | 1 | 2.6 |
Distinct total | 38 | 100 |
Perceptions on Anti-Witchcraft Law
The analysis in Table 4 provides insights into why some students support or oppose the criminalization of witchcraft. Perspectives vary based on their views on the adequacy of existing legal protections and the need for anti-witchcraft laws. A notable proportion of those who advocate for anti-witchcraft laws—89.5%—support the criminalization of witchcraft. This group often perceives current legal protections for alternative spiritual practices as insufficient, with 50.00% expressing this concern. Additionally, within this group, 39.5% feel that protections for individuals accused of witchcraft are inadequate. Their support for criminalization likely stems from a belief that stronger legal measures are necessary to address perceived protection gaps and combat what they view as harmful practices.
In contrast, among those who oppose anti-witchcraft laws, a majority do not support criminalization. This group generally perceives existing protections as sufficient, with 44.74% believing that the current laws adequately protect alternative spiritual practices and 55.3% feeling that protections for the accused are adequate. Their opposition to criminalization may be rooted in a view that existing legal frameworks are adequate and that criminalizing witchcraft could lead to unnecessary or unjust legal consequences.
Overall, the divergence in opinions reflects differing views on the adequacy of current legal protections and the perceived need for additional legal measures. Those who see gaps in protection and are concerned about the impact of witchcraft may support criminalization as a means of strengthening legal responses. Conversely, those who believe current protections are sufficient may view criminalization as an unnecessary or potentially harmful step.
Table 4: Perceptions of legal framework for Witchcraft Practices in Malaysia
Q1. Legal Protections sufficiency for Alternative Spiritual Practices in Malaysia | ||
No | Yes | |
Belief that anti-witchcraft laws should not exist | 2.63% | 2.63% |
Belief in the necessity of anti-witchcraft laws | 50.00% | 44.74% |
Total | 52.63% | 47.37% |
Q2. Protection of Accused Individuals in Witchcraft Cases | ||
No | Yes | |
Belief that anti-witchcraft laws should not exist | 2.6% | 2.6% |
Belief in the necessity of anti-witchcraft laws | 39.5% | 55.3% |
Total | 42.1% | 57.9% |
Q3. Legal Status of Witchcraft: Should it be Criminalised | ||
No | Yes | |
Belief that anti-witchcraft laws should not exist | 5.3% | 0.0% |
Belief in the necessity of anti-witchcraft laws | 5.3% | 89.5% |
Total | 10.5% | 89.5% |
The Spearman’s rho correlation coefficients in table 5 show negligible correlations between beliefs regarding anti-witchcraft laws and the sufficiency of legal protections for alternative spiritual practices in Malaysia (Q1) as well as the protection of accused individuals in witchcraft cases (Q2), with coefficients of -0.012 and 0.038, respectively, and non-significant p-values of 0.941 and 0.822. However, a significant correlation can be observed between beliefs on anti-witchcraft laws and the legal criminalization of witchcraft (Q3), with a coefficient of 0.687 and a highly significant p-value of 0.000, indicating a strong positive correlation. This suggests that individuals who advocate for anti-witchcraft laws are more likely to support the criminalization of witchcraft.
Table 5: Spearman’s rho Correlation Analysis between necessity of anti-witchcraft laws and the perceptions of existing law in Malaysia
Spearman’s rho | ||||
Q1 | Q2 | Q3 | ||
Anti-Witchcraft Law | Correlation Coefficient | -0.012 | 0.038 | .687** |
Sig. (2-tailed) | 0.941 | 0.822 | 0.000 | |
N | 38 | 38 | 38 |
**. Correlation is significant at the 0.01 level (2-tailed).
Witchcraft Law Education
The findings presented in Table 6 underscore a significant deficiency in Malaysia’s legal education system, particularly regarding the treatment of witchcraft accusations within civil law. Despite a notable majority of respondents—97.4% advocating for public universities to play a role in legal education on witchcraft and 84.2% supporting the inclusion of specific modules on this topic—there remains a conspicuous lack of detailed academic coverage in this area.
This disparity highlights a crucial issue: although there is strong support for integrating witchcraft’s cultural and legal dimensions into legal education, the existing curriculum appears to fall short. The absence of focused instruction on witchcraft accusations means that future legal practitioners are not adequately prepared to deal with these sensitive and culturally nuanced cases. This shortfall in the curriculum could lead to a gap in the practical readiness of law graduates, who may encounter such complex issues in their professional practice.
To rectify this situation, it is imperative that the legal education framework in Malaysia evolve. Law schools can better equip students with the knowledge and skills needed to handle these challenging cases by incorporating dedicated modules and comprehensive training on witchcraft accusations. This enhancement would contribute to a more thorough and responsive legal education system, ultimately preparing graduates to address a wider range of legal issues with greater competence and cultural sensitivity.
Table 6: Implementing Witchcraft Legal Study
The Role of Public Universities in Legal Education on Witchcraft | Modules on Witchcraft Accusations Within Civil Law in Legal Education | ||||
Frequency | Percentage (%) | Frequency | Percentage (%) | ||
No | 1 | 2.6 | No | 6 | 15.8 |
Yes | 37 | 97.4 | Yes | 32 | 84.2 |
Total | 38 | 100.0 | Total | 38 | 100.0 |
Religious Influence in Witchcraft Legal Issues
The analysis reveals significant support for integrating religious perspectives into the formulation of anti-witchcraft laws, with 94.74% of respondents advocating for the involvement of religious constitutions. Additionally, 89.47% support the inclusion of interfaith dialogue in addressing legal issues related to witchcraft accusations. These findings underscore the recognition of the importance of incorporating both religious and interfaith considerations into legal frameworks that address witchcraft.
Implementing interfaith dialogue in this context can be highly effective. Firstly, an inclusive law-making process involving interfaith dialogue can ensure that diverse religious and cultural viewpoints are considered, leading to laws that are sensitive to various belief systems and preventing the marginalization of any group. By including representatives from different faith communities, laws are more likely to reflect a balanced and respectful approach to all perspectives. Educational workshops and seminars focusing on the intersection of religion, law, and witchcraft can promote understanding and tolerance among legal professionals and the public. These programs can facilitate discussions on different religious views of witchcraft and their implications for legal practices, helping practitioners navigate culturally sensitive cases more effectively.
Forming interfaith advisory panels consisting of religious leaders, legal experts, and cultural scholars can offer valuable guidance on issues related to witchcraft accusations. Such panels can provide insights into the impact of laws on various communities and recommend adjustments to ensure fairness and respect for all religious traditions. Engaging communities through interfaith dialogues can enhance understanding of how witchcraft accusations affect different groups and build trust between legal institutions and the public. This engagement promotes transparency and inclusiveness in the legal process. Incorporating interfaith dialogue into conflict resolution strategies can address disputes related to witchcraft accusations in a culturally sensitive manner. This approach can offer alternative dispute resolution mechanisms that are equitable and respectful of religious and cultural differences.
The benefits of interfaith dialogue in legal contexts include enhanced legitimacy of laws, which are more likely to be accepted by diverse communities. It also reduces conflict by addressing cultural and religious sensitivities early in the law-making process, ensuring more equitable legal measures. Furthermore, engaging in interfaith dialogue fosters greater empathy and understanding of diverse beliefs and practices, leading to more nuanced and effective legal responses. Overall, integrating interfaith dialogue into the legal framework for addressing witchcraft accusations aligns with the need for inclusive and multifaceted approaches. This strategy helps create laws that are both legally sound and culturally and religiously respectful, thereby enhancing their effectiveness and acceptance within a pluralistic society.
Table 7: Religious involvement in addressing witchcraft legal issues
Religious constitution involvement in crafting the Anti Witchcraft law | Interfaith dialogue role in addressing legal issues related to witchcraft accusations | ||||
Frequency | Percentage (%) | Frequency | Percentage (%) | ||
No | 2 | 5.26 | No | 4 | 10.53 |
Yes | 36 | 94.74 | Yes | 34 | 89.47 |
Total | 38 | 100.0 | Total | 38 | 100.0 |
Remedies for Witchcraft Legal issues
Further analysis provides insights into respondents’ perspectives on mechanisms within civil law to compensate those wrongly accused of witchcraft and appropriate legal penalties for individuals found guilty of practising harmful witchcraft. Table 8 indicates that a significant majority (89.47%) of respondents support the existence of mechanisms within civil law to compensate wrongly accused individuals and the importance of safeguarding the rights of those falsely implicated in witchcraft accusations.
Table 9 reveals a variety of opinions regarding appropriate legal penalties, with the most common responses being moral and religion correction programs (81.6%) and imprisonment (76.3%). Notably, while a considerable percentage of respondents support imprisonment as a penalty, fewer respondents advocate for the death penalty (47.4%) or fines (44.7%), suggesting differing attitudes toward the severity of punishment for witchcraft-related offences. Additionally, the inclusion of a response referring to Quranic principles highlights the intersection of religious beliefs with legal considerations in addressing witchcraft within civil law. These findings emphasise the complexities of legal responses to witchcraft accusations and the importance of considering diverse perspectives and approaches in effective legal frameworks.
Table 8: Mechanisms within civil law to compensate wrongly accused of witchcraft.
Frequency | Percentage (%) | |
No | 4 | 10.53 |
Yes | 34 | 89.47 |
Total | 38 | 100.0 |
Table 9: Appropriate legal penalties for individuals found guilty of practising harmful witchcraft within civil law
Frequency | Percentage (%) | |
Moral and Religion Correction Programme | 31 | 81.6 |
Prison | 29 | 76.3 |
Death Penalty | 18 | 47.4 |
Fine | 17 | 44.7 |
*Based on Quranic Teaching | 1 | 2.6 |
Total | 38 | 100.0 |
*Student own answer
Suggestions on Witchcraft Related Matters
Thematic analysis of students’ open-ended responses revealed three main themes as shown in Figure 1.
Figure 1: Main themes
Advocating for anti-witchcraft
Respondents offered recommendations regarding the need for implementing an anti-witchcraft law, citing the widespread prevalence of witchcraft practices in modern society. This stance advocates for the enforcement of said law to secure justice for those impacted by witchcraft-related incidents, shedding light on the lack of justice experienced by victims lacking legal remedies. Furthermore, it emphasises the potential harm to the public posed by witchcraft and advocates for proactive measures to address it. The sentiment expressed suggests a strong belief that Malaysia should enact and enforce legislation against witchcraft, viewing it as a persistent issue that requires immediate attention. The call for legal action and punishment for those utilising witchcraft highlights the urgency and seriousness with which the matter is regarded, indicating a desire for swift and decisive governmental intervention.
Implementation Process and Evidence
The respondents offer a nuanced perspective on implementing anti-witchcraft laws in Malaysia. While they generally agree on the potential dangers of witchcraft and the necessity of legal measures to combat it, they express concerns regarding the difficulties in proving instances of witchcraft and the potential infringement on rights and freedoms. Suggestions include engaging experts to develop procedures for proving witchcraft cases and carefully considering the diverse societal perspectives to ensure a balanced approach. Additionally, the respondents raise specific inquiries about the feasibility and consequences of such laws, highlighting the importance of thorough consideration and addressing various issues before their enactment.
Education
The respondents convey diverse views regarding implementing an anti-witchcraft law in Malaysia. While one respondent perceives it as beneficial for educational purposes and potentially deterring teenagers from involvement in witchcraft, another expresses doubts about its practicality, fearing that practitioners of witchcraft could evade legal repercussions. Nevertheless, there’s recognition of the importance of education and awareness regarding the hazards of witchcraft, along with suggestions to disseminate information about the law among students and educate the public about the associated risks.
Compensation
Initially, the respondents suggest that victims of witchcraft could pursue compensation proportional to the harm endured, using the example of paralysis caused by witchcraft as a basis for a civil lawsuit. However, they also acknowledge the potential challenges in implementing such measures within civil law and express doubt regarding the likelihood of witchcraft being categorised as a criminal offence. This demonstrates an awareness of the legal and practical obstacles involved in addressing witchcraft within current legal structures.
CONCLUSION
In conclusion, this research provides valuable insights into students’ perspectives on anti-witchcraft laws in Malaysia. It reveals that students are generally aware of witchcraft primarily through media and education, with varied reasons for believing in its practice, ranging from personal empowerment to harmful intentions such as murder. Opinions on the necessity and efficacy of anti-witchcraft laws are mixed; while some students support criminalizing witchcraft, others question the need for such laws. However, there is a consensus on the importance of including witchcraft law education in university curricula and integrating religious perspectives into legal considerations.
To sum up, this study successfully addresses its objectives by exploring the complex relationship between anti-witchcraft measures and diverse legal perspectives. It finds that students are generally supportive of anti-witchcraft legislation, recognizing its role in providing legal safeguards and addressing criminalization issues. The research highlights a broad range of opinions on the effectiveness and relevance of educational campaigns designed to inform about legal mechanisms for combating witchcraft. Additionally, it reveals a variety of student views on potential remedies within anti-witchcraft legislation, suggesting both compensation for wrongful accusations and rehabilitative measures. Finally, the study underscores the significant influence of religious perspectives on anti-witchcraft laws, with students advocating for the integration of religious viewpoints into the legislative process. Overall, the findings provide valuable insights into the multifaceted nature of witchcraft-related legal issues and guide policymakers to create more effective and culturally sensitive legal frameworks.
The study also highlights a strong belief in the need for compensation for those wrongly accused of witchcraft and a preference for rehabilitation over severe punishments like the death penalty. These findings underscore the importance of a nuanced and informed approach to witchcraft-related legal issues. Overall, the research emphasizes the need for comprehensive education about witchcraft laws and the incorporation of diverse viewpoints into legal frameworks. These insights are crucial for policymakers and educators addressing witchcraft-related challenges fairly and effectively, ensuring that legal responses are both culturally sensitive and just.
Future discussion
This study opens several avenues for future research and dialogue concerning the intersection of witchcraft practices and legal frameworks. Firstly, a deeper examination of comparative legal systems, particularly those from countries with existing anti-witchcraft laws, may provide insights into effective legislation that balances societal needs and individual rights. Investigating how these laws have been implemented and the sociocultural contexts in which they operate would contribute to a more global understanding of this issue.
Secondly, future research could focus on integrating modern technological tools to prove witchcraft allegations, addressing the ongoing challenge of gathering credible evidence. This could involve forensic methods, digital documentation, and expert testimony to enhance the judicial process in such cases.
Moreover, a more extensive socio-cultural analysis may reveal the evolving perceptions of witchcraft in contemporary society, especially as technology, education, and globalization continue to influence beliefs. This may help determine whether the current calls for legislation reflect deep-rooted cultural fears or new-age concerns driven by modern societal shifts.
Finally, educational initiatives targeting legal practitioners and the public could be expanded to ensure a well-rounded understanding of the consequences of witchcraft-related laws. Educating society on the potential human rights impacts and creating awareness around wrongful accusations will be crucial as part of legal reforms. By addressing these areas, future research can significantly contribute to the ongoing conversation on witchcraft legislation and provide a robust foundation for policymakers to develop well-rounded, culturally sensitive, and legally sound frameworks.
Acknowledgement: I extend my heartfelt appreciation to the participants for their invaluable contributions and to the authors whose works have been a cornerstone of inspiration and guidance for this research
Informed Consent Statement: Informed consent was obtained from all participants involved in the study.
Conflicts of Interest: The authors declare that they have no competing interests.
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