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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 (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 thi

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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 (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 althoug

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3

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 (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 reg

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4

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 (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 sha

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5

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

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6

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 (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 de

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7

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 (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 tw

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8

Rofiq, Muhammad Khoirur. "PEMBERIAN HAK ASUH ANAK DALAM PERCERAIAN KARENA PERALIHAN AGAMA (MURTAD)." Journal of Islamic Studies and Humanities 6, no. 2 (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 th

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9

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

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10

Nafhani, Ahmad, and Abdullah Arief Cholil. "The Implementation of Talak Ba’in Sughro towards Apostate Husband." Law Development Journal 2, no. 2 (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 re

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

1

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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2

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

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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)"

1

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

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2

Rahman, S. A. Punishment of Apostasy in Islam. The Other Press, 2006.

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3

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

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5

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

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6

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

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7

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

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8

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

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9

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

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10

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

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

1

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

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2

Kamali, Mohammad Hashim. "Issues over Apostasy (Riddah)." In Crime and Punishment in Islamic Law. 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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3

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

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4

"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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5

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. 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. African Sun Media, 2021. http://dx.doi.org/10.52779/9781991201577/06.

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7

Kadivar, Mohsen. "Insulting the Prophet is a Form of Hate Speech1." In Blasphemy and Apostasy in Islam. 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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8

Griffel, Frank. "Philosophy and the Power of the Religious Law." In The Formation of Post-Classical Philosophy in Islam. 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. 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)"

1

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 th

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