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Relevant bibliographies by topics / Apostasy (Islamic law)

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Academic literature on the topic 'Apostasy (Islamic law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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Journal articles on the topic "Apostasy (Islamic law)"

1

Nik Wajis, Nik Rahim. "REVISITING LAW OF APOSTASY IN ISLAMIC LAW." Malaysian Journal of Syariah and Law 6, no. 2 (November 29, 2018): 25–39. http://dx.doi.org/10.33102/mjsl.vol6no2.141.

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There are various verses from Al-Quran that speak about freedom of beliefs. However, none of them instruct the believers to exercise mandatory death penalty on apostate. There are few Prophetic Traditions that have been used as the basis to form the mandatory death penalty by four major schools of jurisprudence. The need to revisit this issue is supported by a handful of modern Islamic scholars such as Sheikh Dr. Muhammad Saâ€™id Ramadhan al-Bouthi, Dr. Thoriq Suwaidan, Dr. Adnan Ibrahim among others. This paper does not intend to undermine the previous works of our past great scholars but this came as a form of enriching the intellectual discourse in the sphere of Islamic Law and Studies. The authors affirm that there is no strong argument or evidence to support mandatory death penalty on apostate.

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Saputra, Maulana Adi, Silvia Widyawati, Razi Ardiyanto, Novia Pitriana, and Agil Gilang Ramadhan. "Kompleksitas Perceraian Akibat Murtad: Analisis Peran Pengadilan Agama dalam Konteks Hukum Islam." Journal of Contemporary Law Studies 2, no. 2 (May 5, 2024): 129–40. http://dx.doi.org/10.47134/lawstudies.v2i2.2239.

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Divorce on grounds of apostasy is a complex research topic within Islamic law. This study explores the legal provisions of apostasy within the context of Islamic marriage law, with a focus on the role of the Religious Courts as dispute resolution institutions. The aim of this research is to investigate whether apostasy can constitute a valid basis for divorce according to the applicable law in the Religious Courts. The research method employed is a normative juridical approach to analyze the legal framework governing divorce cases involving apostasy. The research findings indicate that although apostasy can annul a marriage in religious terms, the Religious Courts do not always grant divorce without evidence of marital discord related to apostasy. This highlights the complexity of applying Islamic law in the context of divorce within the Religious Courts. Analysis of Article 116 (h) of the Compilation of Islamic Law regarding apostasy as a basis for divorce reveals that divorce is determined not only by religious conversion but also by the occurrence of marital discord resulting from apostasy. The implications of this discovery underscore the importance of a comprehensive understanding of Islamic law and contextual considerations in the process of resolving divorce disputes in the Religious Courts.

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Siregar, Nurlaini Milo, Muhammad Syukri Albani, and Imam Yazid. "The Rights of an Apostate Wife Whom Her Husband Divorces Based On the Judgment of Islamic Religious Judges." JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan 10, no. 1 (April 11, 2023): 11. http://dx.doi.org/10.29300/mzn.v10i1.9761.

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This study aimed to analyze the rights of apostate wives divorced by their husbands, focusing on the Klaten Religious Court Number 0082/Pdt.G/2022 / PA decision. Klt. This study aims to fill the gap in Marriage Law No. 1 of 1974, revised into law No. 16 of 2019, and the compilation of Islamic law, which needs to provide detailed regulations on the legal consequences of post-divorce due to apostasy (riddah). This research uses normative juridical methodology (literature research) with a comparative approach to analyze the data. The study found that the decision of the Klaten Religious Court registered as 0082 / Pdt.G/2022 / PA. The Atos recognizes apostasy as one of the causes of the dissolution of marriage, as stated in the compilation of Islamic Law Article 114 reasons for the dissolution of marriage letter (h). The court granted the apostate wife the right to iddah and Mut'ah based on the Judge's view that apostasy could be grounds for marriage termination. As a result, the ex-wife has the right to apply for his rights. In conclusion, the decision of the Klaten Religious Court addressed the issue of the rights of apostate wives divorced by their husbands. However, it underscores the need for a more detailed and comprehensive legal framework to guide similar cases and protect the parties' rights. Tujuan dari penelitian ini adalah untuk menganalisis hak-hak istri murtad yang diceraikan oleh suaminya, dengan fokus pada keputusan Pengadilan Agama Klaten Nomor 0082/Pdt.G/2022/PA. Klt. Studi ini bertujuan untuk mengisi kesenjangan dalam Undang-Undang Perkawinan No. 1 Tahun 1974, yang direvisi menjadi Undang-Undang No. 16 Tahun 2019, dan Kompilasi Hukum Islam, yang tidak memberikan peraturan yang rinci mengenai konsekuensi hukum pasca perceraian karena apostasi (riddah). Penelitian ini menggunakan metodologi yuridis normatif (penelitian pustaka) dengan pendekatan komparatif untuk menganalisis data. Studi ini menemukan bahwa keputusan Pengadilan Agama Klaten yang terdaftar sebagai 0082/Pdt.G/2022/PA. Klt, mengakui apostasi sebagai salah satu penyebab pembubaran pernikahan, seperti yang dinyatakan dalam Kompilasi Hukum Islam Pasal 114 Alasan Pembubaran Pernikahan huruf (h). Pengadilan memberikan hak iddah dan mut'ah kepada istri murtad, berdasarkan pandangan Hakim bahwa apostasi dapat dianggap sebagai alasan pemutusan pernikahan. Akibatnya, mantan istri berhak untuk mengajukan hak-haknya. Kesimpulannya, keputusan Pengadilan Agama Klaten mengatasi masalah hak-hak istri murtad yang diceraikan oleh suaminya. Namun, hal tersebut menggarisbawahi kebutuhan kerangka hukum yang lebih rinci dan komprehensif untuk membimbing kasus serupa dan melindungi hak-hak para pihak yang terlibat dalam situasi seperti itu secara memadai.

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Huda, Miftakhul, Niska Shofia, Ending Solehudin, Opik Rozikin, and Hisam Ahyani. "Development of Progressive Islamic Law in Indonesia Regarding �Apostasy� as Grounds for Divorce: Insights from Maqasid Sharia." Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam 6, no. 1 (May 29, 2024): 73. http://dx.doi.org/10.30659/jua.v6i1.36754.

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The development of Islamic law in Indonesia, particularly concerning apostasy as a cause of divorce, is significant in the evolution of Islamic law. The complexity of Indonesia's social and legal system poses challenges in integrating Islamic values with societal diversity. This research aims to understand the development of Islamic law in Indonesia regarding apostasy issues through the analysis of maqasid sharia. Using a descriptive-analytical approach, data from various sources are examined to understand the development of Islamic law in Indonesia, focusing on the implications of maqasid sharia regarding apostasy as a reason for divorce. Findings indicate that progressive Islamic law development in Indonesia emphasizes a balance between religion and individual justice, protecting individual rights in divorce and seeking fair solutions through legal reforms considering the principles of maqasid sharia.

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Adil, Mohamed Azam Mohamed. "Law of Apostasy and Freedom of Religion in Malaysia." Asian Journal of Comparative Law 2 (2007): 1–36. http://dx.doi.org/10.1017/s2194607800000065.

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AbstractThe right to freedom of religion is one of the fundamental rights guaranteed in Islam. This is emphasised in verse 256 of Sura al-Baqara: “Let there be no compulsion in religion”. However, the majority of classical Muslim jurists opine that the right to freedom of religion is not applicable to Muslims, that Muslims who intend to leave the Islamic faith or who have apostatised should be condemned to the death penalty. In reality, punishment for apostasy is not prescribed in the Qur'an and had not been practised by the Prophet (S.A.W.). Instead, the Prophet (S.A.W.) had imposed the death penalty upon apostates because their acts were contemptuous of, and hostile towards, Islam. Muslims who merely renounced the Islamic religion were only required to undergo a process of repentance (tawba). The right to freedom of religion is guaranteed in Article 11(1) of the Federal Constitution of Malaysia. However, as Islamic matters belong to the state jurisdictions, most provisions in relation to apostasy are under the exclusive jurisdiction of the Shari'a Courts. Apostates are subject to punishments such as fine, imprisonment and whipping. This article makes an in-depth study of the right to freedom of religion and the issue of apostasy from the Islamic law perspective, and argues that Muslims who intend to leave the Islamic faith are only required to undergo a process of repentance (tawba), and any punishment prescribed for apostasy is contrary to the right to freedom of religion.

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Dintara Lubis, Syaddan. "Kedudukan Hak Asuh Anak Pasca Terjadinya Perceraian dari Istri yang Murtad Menurut Hukum Islam." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 1 (May 6, 2023): 205–12. http://dx.doi.org/10.47467/as.v6i1.3324.

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Provisions for Child Custody Based on the Compilation of Islamic Law are Muslim, mature, healthy in mind, trustworthy, single, able to educate children. rights and authority for those (women) who are apostates (non-Muslims) to take care of children. This study aims to find out more about child custody provisions based on Islamic law compilations and child custody due to divorce due to apostasy from a wife according to Islamic law compilations using normative methods that collect and analyze data in order to obtain a clear picture of the issues being discussed writing, with the aim of describing or describing the occurrence of a problem in a systematic, factual and also accurate manner and in order to get the truth in the process of perfecting this writing. KHI. Islamic law. Keywords: Child Custody, Divorce, Apostate Wives.

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Rahmawati, Tiara Putri, and Septiayu Restu Wulandari. "Analisa Hukum Perihal Murtad Sebagai Alasan Putusnya Perkawinan." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 2 (June 13, 2024): 1925–37. http://dx.doi.org/10.47467/as.v6i2.6800.

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The problem of regarding the breakup of marriages that is motivated by the apostasy of one of the couples still occurs. The regulations regarding apostates are not clearly regulated, only in KHI regulation regarding apostates as a reason for the breakdown of marriage is regulated by a condition if there is a lack of harmony in the family due to apostates. So this gives an understanding that when apostasy does not impact anything on domestic life, marriage can still be continued even though between husband and wife already have different beliefs. Legal uncertainty arises when the marriage of two people besides Islam, one of which is to change religion, is different from Muslims in Indonesia who have KHI in their guidelines regarding apostates. This type of research is a normative juridical legal research, namely by literature study, finding legal material which is then collected to get an analysis by interpreting the contents of the legislation into the existing problems. Murtad is something that does not meet the requirements of marriage in Islam, if in domestic life one of the husband or wife of apostate or out of Islam, the requirements of the marriage become damaged or fasakh automatically or null and void Both were punished by adultery. The legal consequences of the apostasy case are regulated in the compilation of Islamic law in the chapter of marriage cancellation, namely Article 75 letter a and in the reasons of divorce Article 116 letter h regarding the apostasy of someone during the marriage period is not mentioned in Law Number 16 of 2019 Amendment to Law Number 1 Year 1974 Regarding apostates only mentioned in Presidential Instruction No. 1 of 1999 Compilation of Islamic Law in Articles 75 and 116 in which the two articles say that Murtad can occur marriage and marriage breakdown

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Rofiq, Muhammad Khoirur. "PEMBERIAN HAK ASUH ANAK DALAM PERCERAIAN KARENA PERALIHAN AGAMA (MURTAD)." Journal of Islamic Studies and Humanities 6, no. 2 (October 28, 2021): 97–110. http://dx.doi.org/10.21580/jish.v6i2.8171.

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Divorce due to apostasy causes child custody issues, is religion or the welfare of the child a priority? This study is a qualitative normative legal research with a juridical approach and a case approach. Primary data in this study are seven decisions of the Religious Courts regarding divorce by apostate parents and the determination of child custody. This paper focuses on examining (1) judges' considerations in determining custody of children in divorce due to apostasy, (2) patterns of granting custody of children in divorce due to apostasy. This research results in (1) The judge considers the conditions of the parties with three priority conditions for determining child custody, namely Islam, morals, and the ability to care for children. (2) the pattern of granting custody of children in divorce due to apostasy is (a) Islam becomes a priority requirement in determining child custody (b) if Islamic requirements are not met, then the moral requirements and the ability to care for the benefit of the child will be prioritized. The panel of judges will analyze the conditions of both parents to determine what is best for the child, even though custody is given to the apostate parent.

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An-Na'im, Abdullahi Ahmed. "The Islamic law of apostasy and its modern applicability." Religion 16, no. 3 (July 1986): 197–224. http://dx.doi.org/10.1016/0048-721x(86)90033-3.

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Nafhani, Ahmad, and Abdullah Arief Cholil. "The Implementation of Talak Ba’in Sughro towards Apostate Husband." Law Development Journal 2, no. 2 (October 4, 2020): 97. http://dx.doi.org/10.30659/ldj.2.2.97-106.

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The purpose of marriage is to form a happy and eternal family based on One Godhead. Marriage can be broken up because one party is Apostate, Apostasy can cause a problem in the household. In this study, the panel of judges decisions in accordance with the laws in Indonesia, namely Act No. 1 of 1974 and Compilation of Islamic Law. The method used by juridical normative focuses on the inventory of positive law, legal principles and doctrines, legal findings in concrete, legal systematics, level of legal synchronization, comparative law. Research findings the Demak Religious Court based on its relative and absolute competence has the right to examine, decide, and settle the case at the first level, so it is appropriate if the Plaintiff registers the case with the Demak Religious Court, for divorce on grounds, religious conversion or apostasy which causes dissonance in the household . That the separation that occurred as a result of the apostasy of one of the husband and wife couples from Islam was a fasakh, not a fall in the divorce of Ba’in Sughro. The purpose of the research itself is to be able to present accurate data so that it can provide benefits and be able to solve problems.

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Dissertations / Theses on the topic "Apostasy (Islamic law)"

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Lamarti, Samuel Hosain. "The development of apostasy and punishment law in Islam 11 AH/632 AD-157 AH/774 AD." Thesis, Connect to e-thesis, 2002. http://theses.gla.ac.uk/991/.

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Nagata, Masaki. "Assessing apostasy, blasphemy and excommunication (takfir) in Islam and their modern application by states and non-state actors." Thesis, Brunel University, 2016. http://bura.brunel.ac.uk/handle/2438/14413.

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In certain contemporary Muslim majority states apostasy and blasphemy are not merely religious sins; they are acts which potentially have legal, or extra-legal, consequences. Although apostasy has not been criminalised in many such states, extrajudicial killings of apostates are carried out by some extremist groups and individuals. Such groups always justify these murders of fellow Muslims and non-Muslims on the grounds of apostasy and blasphemy. The concept and use of takfir (excommunication) is also a serious issue in Muslim majority states. Groups such as Daesh (also known as Islamic State of Iraq and Syria) rely on takfir to attack fellow Muslims, despite there being no legal basis in Shari’a for the use of takfir or for criminalising apostasy. Although the concept was developed by people, not God, takfir are now being used to bypass rational human judgement. Their use plays a major role in many of the religious issues confronting Muslim majority states, such as the criminalisation of apostasy and blasphemy. This thesis analyses the central issues of apostasy, blasphemy and takfir collectively, as their history and their contemporary use and misuse by extremist groups are inextricably entwined. The key finding is that the right to punish apostasy and blasphemy and to issue declarations of excommunication (takfir), all originally reserved in Islam for God only, have been appropriated by man. Through developments in the understandings of these concepts, all three have come to be seen by some scholars and ordinary believers as a ‘right of man’. This evolution in interpretation and in application is inconsistent with Shari’a law.

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Cintron, Francisco. "'Immersed in the Snares of Apostasy:’ Martyrdom and Dissent in Early al-Andalus." Ohio University Honors Tutorial College / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1524486579772013.

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O'Sullivan, Declan Patrick. "Punishing apostasy : the case of Islam and Shari'a law re-considered." Thesis, Durham University, 2003. http://etheses.dur.ac.uk/1730/.

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Books on the topic "Apostasy (Islamic law)"

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Madani, Mohammad Asrar. Verdict of Islamic law on blasphemy & apostasy. Lahore: Idara-e-Islamiat, 1994.

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Rahman, S. A. Punishment of Apostasy in Islam. Kuala Lumpur, Malaysia: The Other Press, 2006.

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Zayd, Naṣr Ḥāmid Abū. al- Tafkīr fī zaman al-takfīr: Ḍidda al-jahl wa-al-zayf wa-al-khurāfah. al-Qāhirah: Sīnā lil-Nashr, 1995.

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Zayd, Naṣr Ḥāmid Abū. al- Tafkīr fī zaman al-takfīr: Ḍidda al-jahl wa-al-zayf wa-al-khurāfah. al-Qāhirah: Sīnā lil-Nashr, 1995.

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ʻAlwānī, Ṭāhā Jābir Fayyāḍ. Apostasy in Islam: A historical and scriptural analysis. Herndon, Va: International Institute of Islamic Thought, 2012.

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Qārī, Kamāl al-Dīn. al-Riddah ʻan al-Islām, ḥaqīqah am wahm?: Qirāʼah fī aḥkām al-riddah, diyānah wa-qaḍāʼ wa-siyāsah. Dimashq: Markaz al-Rāyah lil-Tanmīyah al-Fikrīyah, 2005.

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Ṣāliḥ, ʻAbd Allāh al-Zubayr. ʻUqūbat al-murtadd wa-shubuhāt al-muʻāṣirīn. al-Riyāḍ: Rābiṭat al-ʻĀlam al-Islāmī, 2012.

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Hāshim, Maḥmūd Muḥammad. Aḥkām al-murtadd fī al-sharīʻah al-Islāmīyah. al-Qāhirah: Dār al-Iḥsān lil-Nashr wa-al-Tawzīʻ, 2017.

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Manṣūr, Aḥmad Ṣubḥī. Ḥadd al-riddah: Dirāsah uṣūlīyah tārīkhīyah. [Cairo]: Ṭībah lil-Dirāsāt wa-al-Nashr, 1993.

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Amīrah Muḥammad Fakhrī Dāwūd Natshah. Jarīmat al-riddah wa-aḥkām al-murtaddīn fī al-sharīʻah al-Islāmīyah. al-Qāhirah: Muʼassasat al-ʻAlyāʼ, 2020.

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Book chapters on the topic "Apostasy (Islamic law)"

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"Apostasy (ridda)." In The Codification of Islamic Criminal Law in the Sudan, 296–303. BRILL, 2017. http://dx.doi.org/10.1163/9789004357082_010.

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Kamali, Mohammad Hashim. "Issues over Apostasy (Riddah)." In Crime and Punishment in Islamic Law, 141–49. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190910648.003.0008.

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Three issues are addressed in this chapter: one concerns the definition and scope of apostasy, which is so broad as to clash with basic freedoms of religion and belief. The second issue involves reducing the Qur’anic provision on repentance (tawbah) in the fiqh works to a mere mechanical exercise. And the third issue asks whether apostasy is a prescribed (ḥudūd) crime at all.

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"Apostasy as a Matter of Islamic International Law." In Islam and International Law, 81–98. Brill | Nijhoff, 2013. http://dx.doi.org/10.1163/9789004233362_006.

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"Freedom is One Thing, Apostasy Another." In Democracy, Human Rights and Law in Islamic Thought. I.B.Tauris, 2009. http://dx.doi.org/10.5040/9780755608379.ch-033.

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Saeed, Abdullah. "Pre-modern Islamic Legal Restrictions on Freedom of Religion, with Particular Reference to Apostasy and its Punishment*." In Islamic Law and International Human Rights Law, 226–46. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199641444.003.0012.

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Cianitto, Cristiana, and Rossella Bottoni. "Apostasy and consequences for family life under Jewish, Christian and Islamic laws." In Law, Religion and the Family in Africa, 89–107. African Sun Media, 2021. http://dx.doi.org/10.52779/9781991201577/06.

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Kadivar, Mohsen. "Insulting the Prophet is a Form of Hate Speech1." In Blasphemy and Apostasy in Islam, 335–41. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474457576.003.0019.

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Kadivar in his October 2012 interview focuses on two issues: “Insulting the Prophet of Islam” and “Violent Tendencies in Islam”. According to him, when confronted with criticism against their Prophet and the Qur’an, Muslims should show tolerance and pursue those who spew insults and derogatory remarks (which he considers an instance of “hate speech”) by peaceful measures to make their case under the rubric of rights, ethics and protests, while abstaining from all forms of violence and by producing appropriate cultural material to refute the other side’s disdainful material. If there is a law against hate speech, then a person could pursue his or her case in court by fi ling a complaint. If a country lacks such a law, then we should caution its government and point out the necessity of formulating one and then applying it. I invite others to exercise tolerance in all such cases in the sense that instead of engaging in killing and violent demonstrations, Muslims should impose an economic boycott against those countries that do not conduct themselves ethically in such matters.

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Griffel, Frank. "Philosophy and the Power of the Religious Law." In The Formation of Post-Classical Philosophy in Islam, 108–59. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190886325.003.0004.

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Western scholars have long assumed that during the sixth/twelfth century “religious” forces hostile to the practice of philosophy in Islam became so powerful that they successfully suppressed and persecuted philosophers, so much so that this discipline waned and eventually disappeared in Islam. This chapter looks at the evidence for suppression and persecution of philosophy from the side of religious and political authorities. It particularly asks whether al-Ghazali’s fatwa on the unbelief and apostasy of philosophers who hold three clearly identified positions was ever applied. The chapter discusses several examples, most importantly the executions of ‘Ayn al-Qudat al-Hamadhani in 525/1131 and Shihab al-Din Yahya al-Suhrawardi around 588/1192. It concludes that al-Ghazali’s fatwa was likely instrumental in the death of ‘Ayn al-Qudat, yet it brought with it so many legal problems that it had next to no effect beyond the generation of al-Ghazali’s immediate students.

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Marshall, Paul, and Nina Shea. "Religiously Incorrect Islam, Blasphemy, and Hate Speech in Western Domestic Law." In SilencedHow Apostasy and Blasphemy Codes are Choking Freedom Worldwide, 227–58. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199812264.003.0012.

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Conference papers on the topic "Apostasy (Islamic law)"

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Keles, Ozcan. "PROMOTING HUMAN RIGHTS VALUES IN THE MUSLIM WORLD: THE CASE OF THE GÜLEN MOVEMENT." In Muslim World in Transition: Contributions of the Gülen Movement. Leeds Metropolitan University Press, 2007. http://dx.doi.org/10.55207/lfko6932.

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The premise of this paper is that human rights values are a persistent theme of Fethullah Gülen’s thought and tajdid and expressed by the Gülen movement through example. That tajdid is collectively constructed and communicated by allowing for adaptation and indigenisation in flexible response to different socio-cultural con- texts. What is more, Gülen’s views on democracy, pluralism, human rights and free- dom of belief directly promote human rights values and norms. The paper argues that the Muslim world is very important to Gülen’s overall aspiration for an inclusive civilisation and thus the movement is now active in most parts of that world. In time, as in Turkey, Gülen’s ideas will enable and empower the periphery in Muslim socie- ties to influence the centre ground and open the way for wider enjoyment of freedom and human rights. The paper is in three sections. The first looks at the underlying dynamics of Gülen’s influence and the nature of his tajdid, to assess whether his influence is transferable elsewhere. The second appraises the content of Gülen’s tajdid arguing that human rights values are an inherent theme of his discourse on Islam. Here, the paper analy- ses Gülen’s views on Anatolian Muslimness, democracy and politics, human rights and freedom of belief, illustrating Gülen’s incremental ijtihad on temporal punish- ment for apostasy in Islamic law. The third part traces the movement’s activities in the Muslim world, arguing that the movement has now entered a phase of adoles- cence, and asks whether Gulen’s tajdid and discourse, through the practice of the movement, can indeed promote human rights values in this world.

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