This piece was awarded third prize in the Opinion Piece Category of the Create for Justice competition.

In recent years, the conversation around the death penalty has intensified in Malaysia, with growing calls for reform. The government’s decision to move toward abolishing the mandatory death penalty is one that I wholeheartedly support. It is a significant step toward creating a more just and humane society, one that values human life and recognizes the complexity of crime and punishment. 

The mandatory death penalty, which has been in place for serious crimes like murder and drug trafficking, leaves no room for judicial discretion. Judges are forced to deliver death sentences regardless of the circumstances or individual context of the case. This approach assumes that all crimes are equal in severity, but in reality, no two cases are the same. By stripping judges of their ability to weigh mitigating factors—such as mental health, socioeconomic background, or even the degree of involvement in a crime—we are denying individuals the chance for fair consideration of their unique circumstances. 

As someone who believes in justice, I understand the need for punishment when serious crimes are committed. However, I also believe that the justice system should aim for fairness and rehabilitation, not simply retribution. The death penalty, especially in its mandatory form, is the ultimate irreversible punishment. Once carried out, there is no turning back, even if later evidence proves that a person was wrongly convicted. This is a risk that we, as a society, should not be willing to take. 

Recent studies have shown that the mandatory death penalty does not act as an effective deterrent against crime. Data from around the world indicates that countries without the death penalty do not experience higher rates of violent crime compared to those that still practice capital punishment. In Malaysia, despite the mandatory death penalty for drug trafficking, drug-related crimes continue to persist. This raises the question: If the death penalty does not deter crime, then why are we continuing to use it as a solution? 

Moreover, the mandatory death penalty disproportionately affects the most vulnerable members of society. Many of those on death row come from disadvantaged backgrounds. They may have been coerced into committing crimes or lacked the resources to defend themselves adequately in court. In drug trafficking cases, for example, many of the offenders are merely “drug mules” who were manipulated by criminal organizations. They are not the masterminds behind these operations, yet they face the same ultimate punishment. By abolishing the mandatory death penalty, we can introduce more nuanced sentencing that takes into account the real circumstances of these individuals’ lives. 

The international community has also shifted toward abolishing the death penalty, with over 100 countries having eliminated it either entirely or in practice. Malaysia, as a country that seeks to champion human rights, cannot ignore this global trend. The death penalty is increasingly seen as a violation of the most fundamental human right—the right to life. By moving away from mandatory death sentences, Malaysia can align itself with international human rights standards and take a stand for a more compassionate and just society. 

Abolishing the mandatory death penalty does not mean that all criminals will escape punishment. Those who commit serious crimes will still face harsh penalties, including long prison sentences. However, this change would allow judges to consider alternative sentences where appropriate, taking into account factors that may lessen the moral culpability of the defendant. It opens the door for rehabilitation, giving individuals a chance to reform their lives rather than face the noose. 

Critics of abolition often argue that the death penalty provides closure for the families of victims. While it is understandable that families want justice for their loved ones, we must ask ourselves if vengeance through execution is truly justice. The cycle of violence does not end with more death. In fact, some studies suggest that capital punishment may prolong the trauma of victims’ families as they endure lengthy appeals and media coverage. True justice should focus on healing and finding ways to prevent such tragedies from happening again.

In Malaysia, public opinion on the death penalty is changing. More people are beginning to question its effectiveness and moral justification. The government’s recent move to review mandatory death sentences is a promising sign of progress. It reflects a growing awareness that justice is not served by rigid, one-size-fits-all punishments. A fairer, more humane system must consider each case individually and strive for rehabilitation, not just retribution. 

As a nation, we must acknowledge that the mandatory death penalty is an outdated and flawed approach to justice. Abolishing it is not a sign of weakness but a demonstration of our commitment to human rights and the value of life. Malaysia has the opportunity to lead by example in Southeast Asia, showing that true justice is not about taking life but about giving individuals the chance to change and society the chance to grow. 

The road to abolition may be long and filled with challenges, but it is a journey worth taking. By supporting the end of the mandatory death penalty, we are choosing a path toward a more just, humane, and compassionate Malaysia.