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Journal articles on the topic 'Apostasy (Islamic law)'
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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 Sa’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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Mutawali, Muhammad. "HUKUMAN MATI BAGI ORANG YANG MURTAD DALAM PERSPEKTIF HADIS." Ahkam: Jurnal Hukum Islam 8, no. 2 (November 20, 2020): 397–414. http://dx.doi.org/10.21274/ahkam.2020.8.2.397-414.
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Many Muslims who come out of their religion and embrace other religions with a variety of motives and reasons depending on their respective interests. This phenomenon seems to be a trend and lifestyle in the midst of the swift currents of globalization, democratic life, respect for Human right and religious freedom. In Islamic Criminal Law, apostasy (murtad) is a crime that is included in jarimah hudud. The punishment for apostates/riddah is the death penalty, and in the hereafter will get a reply in hell, this is in accordance with the message contained in the Qur'an and the Hadith of the Prophet Muhammad. This article explains the differences of opinion of the ulama regarding the punishment for the perpetrators of riddah / apostasy. Al-Qur'an does not specifically explain the punishment for apostates, it only stipulates the vanity of charity and in the hereafter will be given severe punishment. In the hadith of the Prophet which expressly punishes apostates with the death penalty. From the two sources of Islamic law as if there was a conflict. Therefore, it is very interesting to study considering that the problem of riddah is one of the problems in the study of Islamic criminal law which is always a concern of ulama and experts in contemporary Islamic law.
Keywords: Riddah/Apostasy, Death penalty, Jarimah, Ta`zir
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Abd.Haris. "MEMBACA KITAB AL-MUSTASHFA: RESPON TERHADAP KASUS MURTAD DAN KEBEBASAN BERAGAMA DI INDONESIA." Rausyan Fikr: Jurnal Ilmu Studi Ushuluddin dan Filsafat 18, no. 2 (November 9, 2022): 217–44. http://dx.doi.org/10.24239/rsy.v18i2.1020.
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The issue of apostasy in Indonesia is still controversial and widely discussed by the public. Leaving the Islamic religion or moving from one religion to another is closely related to religious law and freedom of religion. Today, cases of apostasy are rife among artists for various reasons. Thus, a question arises, does their status make fun of religion? Or blasphemy against religion? Or part of human rights? This paper seriously reviews the case of changing religions using the Ushul Fiqh approach, especially the work of Al-Mustashfa al-Ghazali. This type of research is library research, and looks at phenomena and facts that occur among artists as figures and idols for Indonesian people. From the analysis conducted, this paper concludes that; first, apostates move from Islam and return to disbelief; secondly theologically that killing apostates is not the right solution and is not in accordance with Islamic norms as a religion of rahmatan lil 'alamin. Third, the verses and hadiths do not indicate any killings, except in the context of the verses whereby the perpetrators of apostasy had the aim/intention to be enemies of Islam. Fourth, artists who apostate must be subject to sanctions according to the rules and regulations that apply in Indonesia
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Assagaf, Ja'Far. "Kontekstualisasi hukum murtad dalam perspektif sejarah sosial hadis." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 14, no. 1 (June 30, 2014): 21. http://dx.doi.org/10.18326/ijtihad.v14i1.21-39.
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Apostasy is a conversion of the original Muslim, abandoning the faith and following other religionthan Islam. In Islamic law, the perpetrator of apostasy will receive punishment of execution accordingto the jurists’ consensus. The consensus is understood from some hadiths containing the command toexecute the apostates and the fact of execution of apostates in the prophetic period of Muhammad saw.This article analyzes hadiths about the problematics of apostasy from the used terms, the background,and the contexts of the existance of command to execute apostates. The hadiths about apostasy wereanalyzed through socio-historical view of hadiths by the theory of compromise towards the seeminglycontradictive hadiths. The result of analysis shows that the background of execution of apostatestended to the war situation in that period and the social crimes committed by the apostates, indicated bythe existance of fact that the apostates committing religious crime, changing verses of al-Quran, receivedamnesty and were not executed. At present time, execution of apostates is a lively issue of debate. Theresult of analysis can provide other alternatives since apostate execution is not the only right way and itcannot be applied in any countries.
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Fitriani, Rika, and Abdul Aziz. "Tinjauan Hukum Islam tentang Pembebanan Mut’ah dan Nafkah Iddah terhadap Suami yang Murtad (Studi Kasus Putusan Pengadilan Agama Nganjuk No: 1830/Pdt.G/2016/PA.Ngj)." SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam 3, no. 2 (November 20, 2019): 365. http://dx.doi.org/10.22373/sjhk.v3i2.5242.
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When obligations do not work in a balanced manner in fostering a household, disputes and arguments often occurs which will result in the termination of a marriage. Divorce can occur by various factors in a marriage. One of the factors that divorce causesare one among apostate husbands or wives, which if the marriage continues to be maintained will cause loss. As a result of the divorce because the husband has lapsed into marriage, the marriage is immediately finished, and if the marriage is fulfilled, a wife will not get mut'ah and a living from her husband, but it is different from being practiced in a religious court whose husband is burdened with giving mut ' ah and livelihood iddah. So with the existence of these problems the author will review the judges' considerations in considering their decisions and reviewing Islamic law. This study aims to find out about the definition of Mut'ah, the livelihood of iddah and apostasy, to find out the legal basis used by the judge in deciding cases and what according to the views viewed from Islamic law.To answer these three problems, the researcher used a qualitative approach with field research that collected data directly from the source. In qualitative research, the researcher is faced directly with the respondent, namely a direct interview by the Judge in the Nganjuk Religious Court.Based on the research, even though the husband apostatized and married the husband was still obliged to give mut'ah and livelihood because even though the apostate's husband would not obstruct the husband's obligation to his wife, and the divorce divorce case was equated with ordinary divorce divorce. Judges use the basis of article 149, 117, with reasons for divorce article 116 letter (f) and (h) KHI (Compilation of Islamic Law) and the results of RAKERNAS MARI in 2005. and viewed from a review of Islamic law judges use volcanic jurisprudence II if the termination of marriage because of apostasy does not require a court decision or judge's decision and is immediately canceled and does not see the consequences of the apostasy.
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Zahed, Ludovic-Mohamed. "Islamic Sexual Perversions and Apostasy Representations: Eastern and Western Classical Law Modern Reformist Mutations." Religions 12, no. 11 (October 29, 2021): 942. http://dx.doi.org/10.3390/rel12110942.
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The status of apostasy seems unclear in Islamic jurisprudence of the classical age; it is an act considered traditionally to be a legal vacuum, calling for no corporal punishment (mubah). When a sentence was applied in this case, it would seem that it was due to partisan political reasons, rather than on the basis of real spiritual proper needs. Yet today some conservative ulemas apply this status of excommunication, patterned on the modern Catholic model, to practices considered to be “abnormal,” such as homosexuality. What about the Islamic jurisprudence development, as it is conceived and applied today? What is the position of the so-called majority Islamic authorities in regard to apostasy or the perversion of some Muslim minorities? Moreover, what is the position of these ulemas vis-à-vis the so-called alternative progressive movement, which reject the majority Islamic dogma, in France, Morocco, Egypt and elsewhere in the so-called Arab-Muslim world?
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Karma, Adi, Mahsyar Mahsyar, and Misbahuddin Misbahuddin. "Penyelesaian Sengketa Hadhanah karena Istri Murtad Menurut Wahbah Al-Zuhaili dan Relevansinya dengan Hukum Islam di Indonesia." Indonesian Journal of Shariah and Justice 2, no. 1 (July 17, 2022): 47–65. http://dx.doi.org/10.46339/ijsj.v2i1.26.
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In Islam, marriage between a Muslim man and a non-Muslim woman is absolutely prohibited. If in a marriage there is a divorce because the wife is out of her religious belief (apostasy), then there is a dispute over the authority of whether the wife can carry out maintenance in the form of care for her child or not. The majority of mazhab scholars allow infidel wives to perform hadhanah on the grounds that mothers have more love for their children. However, Wahbah Az-Zuhaili in his book Fiqhul Islami wa adillatuhu, argues that the right to hadhanah is not stipulated for an apostate wife. Based on the explanation above, the main problem raised in this thesis is how the concept of hadhanah according to Wahbah Az-Zuhaili, what are the source and methodology of his thinking about hadhanah rights because the wife is an apostate and how is it relevant to Islamic law in Indonesia.
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Arafat, Yasir. "The Dissolution Of Muslim Marriage Act, 1939 May Provide More Rights To Women Of Subcontinent If Applied According To True Doctrine Of Maliki School Of Islamic Jurisprudence: An Overview." Pakistan Journal of Applied Social Sciences 1, no. 1 (March 8, 2015): 59–74. http://dx.doi.org/10.46568/pjass.v1i1.280.
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Dissolution of Muslim Marriage Act, 1939 (DMMA) is sole document in the history of Sub continent, which is a departure from the Hānāfi School of Islamic thought. It is based on the Maliki School of Islamic jurisprudence. The two main purposes of this document were to grant women more right which were not there in the Hānāfi School of Islamic jurisprudence and to stop women from committing apostasy to get out of their marriage. However, when the DMMA is critically evaluated it is found that, DMMA may provide more right to women of subcontinent if applied according to real intention of Maliki school of islamic jurisprudence. In this paper an evaluation of the DMMA, 1939 is made just to clarify that there were more women rights hidden there but this law was not implimented in its real sense and also the basic purpose seems to be stop women from committing apostasy instead of giving more rights regarding dissolution of marriage.
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Ghufron, M., and Moh Ali. "Nalar Integrasi Fikih dan Psikologi Keluarga dalam Pandangan Hakim Agama Jawa Timur Tentang Hak Asuh Anak Pasangan Murtad." AL-HUKAMA' 10, no. 1 (October 18, 2020): 73–98. http://dx.doi.org/10.15642/alhukama.2020.10.1.73-98.
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One of the causes of divorce which was decided by a Religious Court judge was because of the apostasy of one of the spouses. Divorce due to apostasy leaves problems in parenting. To whom the child custody will be given must be considered by the judge. This research is empirical research (field study) with fiqh and family psychology approach to get an understanding of the basic considerations of judges in establishing child custody in the case of an apostate partner. Through interviews and documentation, the study found, that the consideration of judges based on three things: first, normative basis, which is based on the consideration of Constitution No. 1 of 1974, Compilation of Islamic Law, Constitution No. 7 of 1989 Jo. Constitution Number 30 of 2006 concerning Childcare, and Number 23 of 2002, Supreme Court jurisprudence Number 210 / K / AG / 1990. Second, fiqh basis, which refers to the requirements of the Hadhanah which are in line with fiqh and the provisions of the Hadhanah based on Syafii's Madzab. Third, the psychological basis, which considers all psychological problems related to children. By using this integrative analysis the judge considers that the requirements for Muslims to care for children are in line with psychological values, that the family must provide Islamic education to shape the child's mental spirit.
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Karma, Adi. "Hadhanah Dispute Settlement Process Due to Avoid Wife According to Wahbah Al-Zuhaili and Its Relevance to Islamic Law in Indonesia." Al-Iftah: Journal of Islamic studies and society 3, no. 2 (August 2, 2023): 43–50. http://dx.doi.org/10.35905/aliftah.v3i2.6412.
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In Islam, marriage between a Muslim man and a non-Muslim woman is absolutely prohibited. If in a marriage there is a divorce because the wife is out of her religious belief (apostasy), then there is a dispute over the authority of whether the wife can carry out maintenance in the form of care for her child or not. The majority of mazhab scholars allow infidel wives to perform hadhanah on the grounds that mothers have more love for their children. However, Wahbah Az-Zuhaili in his book Fiqhul Islami waadilatuhu, argues that the right to hadhanah is not stipulated for an apostate wife. Based on the explanation above, the main problem raised in this thesis is how the concept of hadhanah according to Wahbah Az-Zuhaili,
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Tabassum, Sadia, Bakht Munir, and Omar Mahmood Wattoo. "Exploring Islamic Injunctions on Remission of Sentences." Global Legal Studies Review V, no. IV (December 30, 2020): 1–9. http://dx.doi.org/10.31703/glsr.2020(v-iv).01.
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The most significant and all-encompassing purpose of punishments in Islamic law is to make the offender repent and mend his ways. For this purpose, Islamic law provides various provisions both at the preconviction as well as post-conviction stages. With qualitative research methodology and Islamic injunctions, this research aims to examine, at the pre-conviction stage, provisions about repentance and expiation on the part of the offender, suspension of punishment in case of voluntary surrender, probation after repentance and surrender and payment of compensation to the victims of the offence. At the post-arrest and conviction stage, Islamic law provides various relaxations and creates space for repentance and reform, which include obliteration of the punishments of apostasy and blasphemy, considering denial by the accused of the commission of the offence, obliteration of the hudud and qisas punishments, and obliteration of the siyasah punishments.
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Muhammad, Farid Mar’ie, Sabri Samin, and Hamsir Hamsir. "An Investigation of The Judge's Ruling on Divorce Due to Apostasy at The Religious Court of South Jakarta, Class IA (Maslahat Perspective)." International Journal of Islamic Studies 3, no. 1 (June 30, 2023): 15–27. http://dx.doi.org/10.24252/ijis.v3i1.39463.
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The main problem of this study is an investigation of the judge's ruling on divorce due to apostasy at the religious court of South Jakarta, class IA (maslahat perspective). This study used qualitative research obtained through field research with a juridical approach. The data sources in this study were judges and clerks at the religious court in South Jakarta. Data collection was carried out through observation, interviews, and documentation methods. Meanwhile, technique processing and analysis of the data were carried out in three stages, namely data reduction, data processing, data presentation, and drawing conclusions. This study showed that: 1) The decision of the judge at the religious court in South Jakarta about the revocation of the marriage of the parties with the excuse of apostasy can be understood as the result of the petitioner, who is apostate. So that he was no longer able to create a sakinah mawaddah wa rahmah family. This has to be done to provide legal certainty and benefits for those who adhere to the Islamic religion. 2) The judge's legal consideration mentioned that the divorce has met the requirements for a good reason. 3) Legal consequences of the judge's ruling on divorce based on the reasons for Article 116 in Compilation of Islamic Law (KHI) points (a) to (g) and based on the reasons for divorce, Article 19 of the Government Regulation of the Republic of Indonesia Number 9 of 1975 about the implementation of Law of the Republic of Indonesia Number 1 of 1974 about marriage. It states that a true divorce will only result in the legal consequences of the extinguished joint property, the husband's rights, the obligation to live together, and parental rights; then it will result in the right of guardianship.
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Bari, Abdul Aziz. "Religion, Law, and Governance in Malaysia." ICR Journal 2, no. 1 (October 15, 2010): 60–77. http://dx.doi.org/10.52282/icr.v2i1.680.
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Although the number of provisions pertaining to Islam in the Federal Constitution of Malaysia is small, the substance of the religion practically permeates various aspects of governance in Malaysia. This seems to be quite natural given that Islam stands at the very heart of Malay civilisation and culture. Apart from this, the Malays form the majority of the country’s population. This would explain why - despite the fact that Malaysia belongs to the Westminster and Common Law systems of government and law - the Islamic character and essence of the polity remain visible. This is indeed interesting given that the country was governed by Europeans for several centuries – starting with the Portuguese who defeated the Sultanate of Malacca in 1511. As of now, the author argues that it would be possible to have a full-fledged Islamic system within the existing constitutional framework. According to him, the Malaysian experience could serve as an example of how a modern system of governance could co-exist with traditional Islamic values and systems. In recent years, the country has made significant progress in the field of Islamic banking and finance, as well as the systemisation of Islamic courts and education. Even the civil courts have eventually been able to strike a balance between the modern idea of liberty and Islamic notions of rights; something that was evident even in cases involving the question of apostasy. Interestingly enough, all of these achievements have been accomplished within the existing framework of the Constitution.
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Kariya, Kota. "Muwālāt and Apostasy in the Early Sokoto Caliphate." Islamic Africa 9, no. 2 (October 8, 2018): 179–208. http://dx.doi.org/10.1163/21540993-00902003.
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‘Uthmān b. Fūdī (d. 1817) launched a jihad in Hausaland in 1804 and was successful in establishing a strong polity known as the Sokoto Caliphate. During this jihad, the Sokoto leadership clashed not only with non-Muslims but also with those who had historically been recognized as Muslims, such as the inhabitants of Bornu, a state neighboring Hausaland. Islamic law does not, in principle, permit attacks on Muslims. Therefore, to justify the jihad, the hostile Muslims had to be branded unbelievers. For that, ‘Uthmān and his successor, Muḥammad Bello (d. 1837), developed and instituted a provision on apostasy based on the idea of muwālāt (friendship) with unbelievers. This stipulation emerged as a substantial regulation legalizing the violence committed by the Sokoto leaders on Muslims who were opposed to them both within and outside the early Caliphate.
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Abbasi, Muhammad Zubair. "The Classical Islamic Law of Waqf: A Concise Introduction." Arab Law Quarterly 26, no. 2 (2012): 121–53. http://dx.doi.org/10.1163/157302512x629124.
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Abstract The purpose of this article is to provide a concise and brief introduction to the classical Islamic law of waqf. This study is based on the Fiqh literature of four Sunni schools of thought. The primary focus is on the Ḥanafī Fiqh, however, representative texts of the other schools have also been taken into account. There are three major findings in this article. First, the law contained in Fiqh texts is incomplete because it does not encompass ʿurf (custom) and qānūn (imperial decrees). Custom is recognised in these texts in support of Fiqh, but qānūn is totally missing despite references to the power of rulers regarding certain provisions of waqf law. Second, the legal theory is inconsistent, as the majority of jurists hold that the ownership of a founder terminates with the creation of a waqf. However, not only the founder and his legal heirs maintain a limited proprietary interest in waqf property; the waqf also dissolves with the apostasy of its founder. Third, family awqāf (pl. of waqf) come into direct conflict with the law of inheritance and the law of gifts. However, the testamentary waqf and waqf during terminal illness are subservient to inheritance law, and jurists have tried to harmonise waqf law with inheritance law whenever an opportunity arose.
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Azizah, Imroatul. "Sanksi Riddah Perspektif Maqasid Al-Shari’ah." al-Daulah: Jurnal Hukum dan Perundangan Islam 5, no. 2 (October 1, 2015): 588–611. http://dx.doi.org/10.15642/ad.2015.5.2.588-611.
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Abstract: Riddah (apostasy), in the classical literatures of Islamic Jurisprudence, is categorized as a jarimah al-hudud (criminal act) with death penalty as the punishment. The fundamental issue is that the threat of the death penalty is only based on a single prophetic tradition, while it should be determined by the absolute and valid texts. It means that the death penalty is rooted to an absolute legal argumentation (qat’i al-dalalah), while, there is none of the verses of al-Qur’an which discusses about punishment for the perpetrator of apostasy. Otherwise, al-Qur’an absolutely guaranteesthe freedom of religion and belief. This research uses maqasid al-shari’ah (purposes of Islamic law)as an approach to see the purpose, spirit, and essential valueof the text to be a foundation and method in Islamic legal reasoning. The results of the research are: first, adopting what has been stipulated in al-Qur’an textually and formally without appreciating its purpose and wisdom is not wise; second, apostasy, which is a kind of a private matter between a servant and his God, should not be categorized as a jarimah al-hudud but as a jarimah ta’zir (undefined crime). In certain condition, however, apostasy could be charged by a maximum penalty (death penalty) if it is accompanied by other crimes and is worthyto be sentenced based on a judge’s argumentation.Keywords: Apostasy, sanctions, maqasid al-shari’ah Abstrak: Riddah dalam literatur fiqih klasik dikategorikan sebagai jarimah hudud, dan diancam dengan hukuman mati. Persoalan yang mendasar adalah ancaman hukuman mati tersebut hanya berdasarkan hadis ahad, padahal hudud dikonsepsikan sebagai jarimah dan hukuman yang telah ditentukan secara pasti oleh nass. Berarti hudud meniscayakan dalil yang qat’i al-dalalah, sedangkan dalam al-Qur’an tidak ada satu ayat pun yang membahas hukuman duniawi untuk pelaku riddah, sebaliknya al-Qur’an justru memberikan jaminan kebebasan beragama dan berkeyakinan secara mutlak. Maqasid al-shari’ah dipilih sebagai pendekatan untuk melihat bagaimana tujuan, ruh, dan nilai-nilai esensial shari’at dijadikan landasan dan patokan utama dalam penentuan hukum Islam. Dengan pendekatan maqasid al-shari’ah, diperoleh kesimpulan bahwa bukanlah sikap yang bijak ketika mengadopsi apa yang ditetapkan dalam nass secara literal dan formal legalistik tanpa mengapresiasi tujuan serta hikmah terdalam dari hukum tersebut. Riddah yang merupakan persoalan pribadi antara hamba dengan Tuhan-Nya, tidak selayaknya dikategorikan sebagai jarimah hudud. Namun sebagai jarimah ta’zir, riddah bisa dikenakan hukuman maksimal (mati) jika disertai dengan kejahatan lain yang menurut hakim harus dijatuhi hukuman tersebut.Kata Kunci: Riddah, sanksi, maqasid al-shari’ah
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De, Rohit. "The Two Husbands of Vera Tiscenko: Apostasy, Conversion, and Divorce in Late Colonial India." Law and History Review 28, no. 4 (October 4, 2010): 1011–41. http://dx.doi.org/10.1017/s0738248010000751.
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On June 27, 1940, Vera Tiscenko, a Polish actress formerly with the Moscow Arts Theatre, “of her own free will and after due deliberation” embraced the Islamic faith at the Nakoda Mosque at 19 Chowringee Road, Calcutta. Vera Tiscenko's journey from Moscow to colonial Calcutta was a long and tortuous one. Fleeing the country after the revolution, Vera settled in Berlin where she married a Russian émigré, Eugene Tiscenko. Over the next few years they moved across Europe from Nazi Berlin to civil war Spain and finally settled in Mussolini's Rome, where Vera gave birth to a son, Oleg. In 1938, Eugene Tiscenko went to Edinburgh to qualify for a British medical degree, while Vera and her son left Rome for Calcutta after being invited by Professor Shahid Suhrawardy, her former director at the Moscow Arts Theatre. The reason for the separation between the couple remains unclear. Chief Justice Derbyshire was to speculate that Eugene Tiscenko might have intended to settle somewhere in British India after qualifying, but Vera herself admitted that the marriage had been unhappy. Finding “relief and solace in the teachings of Islam,” she cabled her husband the news of her conversion and requested that he accept the Islamic faith. Eugene Tiscenko replied that his religious convictions were unshakable and “refused absolutely” to change his faith.
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Sahner, Christian C. "Zoroastrian law and the spread of Islam in Iranian society (ninth–tenth century)." Bulletin of the School of Oriental and African Studies 84, no. 1 (February 2021): 67–93. http://dx.doi.org/10.1017/s0041977x21000021.
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AbstractThis article explores three important Zoroastrian legal texts from the ʿAbbasid period, consisting of questions and answers to high-ranking priests. The texts contain a wellspring of information about the social history of Zoroastrianism under Islamic rule, especially the formative encounter between Zoroastrians and Muslims. These include matters such as conversion, apostasy, sexual relations with outsiders, inheritance, commerce, and the economic status of priests. The article argues that the elite clergy responsible for writing these texts used law to refashion the Zoroastrian community from the rulers of Iran, as they had been in Late Antiquity, into one of a variety of dhimmī groups living under Islamic rule. It also argues that, far from being brittle or inflexible, the priests responded to the challenges of the day with creativity and pragmatism. On both counts, there are strong parallels between the experiences of Zoroastrians and those of Christians and Jews, who also turned to law as an instrument for rethinking their place in the new Islamic cosmos. Finally, the article makes a methodological point, namely to show the importance of integrating Pahlavi sources into wider histories of Iran and the Middle East during the early Islamic period.
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Rehman, Javaid. "Freedom of expression, apostasy, and blasphemy within Islam:Sharia, criminal justice systems, and modern Islamic state practices." Criminal Justice Matters 79, no. 1 (March 2010): 4–5. http://dx.doi.org/10.1080/09627250903569841.
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Asrori, Asrori. "Kajian Ma'anil Hadits Tentang Hukuman Mati Bagi Orang Murtad." Hikmah: Journal of Islamic Studies 14, no. 2 (November 25, 2018): 160. http://dx.doi.org/10.47466/hikmah.v14i2.111.
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Discourse on the law of apostasy still leaves a debate. The text of
the hadith explicitly states the execution of death for those who
migrate from Islam, man baddal dīnahu faqtulūh. On the other
hand the Qur’an gived a signal that there is no compulsion in
Islam lā ikrāha fi al-Dīn. Humans have a prerogative to decide
their choice without any intervention of other authorities. The
dualism of the understanding of Islamic law resulting from these
two contradictory above propositions requires further discussion
in order to reveal the law given to apostates. This qualitative study
attempts to expose the opinions of ulama on execution of death
for apostates as well as attempts to compromise the dualism of
understanding of religious texts above.
Keywords: apostasy, dualism of Islamic law, Hadith
Vol. XIV, No. 2, 2018 ~ 161
Abstrak
Diskursus tentang hukum pindah agama (murtad) masih
menyisakan perdebatan. Teks hadis secara tegas menyatakan
eksekusi mati bagi mereka yang migrasi dari islam, man baddal
dīnahu faqtulūh. Disisi lain al-Qur’an memberikan isyarat,
bahwa tidak ada paksaan dalam islam lā ikrāha fi al-Dīn. Manusia
memiliki hak prerogatif untuk menentukan pilihannya tanpa ada
intervensi otoritas lain. Dualisme pemahaman hukum islam yang
dihasilkan dari kedua dalil yang nampak kontradiktif diatas perlu
adanya pembahasan lebih mendalam guna mengungkap hukum
yang diberikan bagi orang murtad. Penelitian kualitatif ini
mencoba untuk memaparkan pendapat ulama tentang hukuman
mati bagi orang murtad serta usaha untuk mengkomprokikan
dualisme pemahaman teks keagamaan di atas.
Kata Kunci: Murtad, Dualisme Hukum Islam, Hadis
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Bhudiman, Budy, and Latifah Ratnawaty. "TINJAUAN HUKUM TERHADAP PERCERAIAN KARENA MURTAD MENURUT HUKUM POSITIF." YUSTISI 8, no. 1 (May 1, 2021): 53. http://dx.doi.org/10.32832/yustisi.v8i1.4686.
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<p class="22aIsiParagraf"><em>In the Compilation of Islamic Law, Article 75, one of the verses states that the decision to annul a marriage is not retroactive to a marriage that is canceled because one of the husband or wife is an apostate. Children born from such marriages and third parties as long as they obtain their rights in good faith, before the decision to annul the marriage is legally binding. If Muslims act as apostates or change religions, there will be changes and consequences in terms of muamalah, namely three, namely in the marriage relationship, inheritance rights, and guardianship rights. Law Number 1 of 1974 concerning Marriage is a legal unification in conducting marriage to the resolution of various problems that arise in marriage, must refer to Law Number 1 of 1974 concerning Marriage and Law Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage. By Article 39 paragraph 2 of Law Number 1 of 1974 concerning Marriage in conjunction with Article 19 of Law Number 9 of 1975, it does not regulate any reasons for divorce due to apostasy but in the Islamic Law Compilation, the reasons for divorce due to apostasy are regulated in Article 116 letter h.</em></p><p class="22aIsiParagraf"> </p><p class="16aJudulAbstrak"><strong>Abstrak</strong></p><p class="16bIsiAbstrak">Di dalam Kompilasi Hukum Islam Pasal 75 salah satu ayatnya menyatakan bahwa keputusan pembatalan perkawinan tidak berlaku surut terhadap: perkawinan yang batal karena salah satu suami atau istri murtad. Anak-anak yang dilahirkan dari perkawinan tersebut dan pihak ketiga sepanjang mereka memperoleh hak-hak dengan ber’itikad baik, sebelum keputusan pembatalan perkawinan berkekuatan hukum yang tetap. Jika orang Islam bertindak murtad atau berpindah agama maka terdapatlah perubahan-perubahan dan akibat dalam segi muamalah yaitu ada tiga yaitu dalam hubungan perkawinan, hak waris dan hak kewalian. Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan merupakan unifikasi hukum dalam menyelenggarakan perkawinan sampai dengan penyelesaian berbagai permasalahan yang timbul didalam perkawinan, harus merujuk pada Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Undang-Undang Nomor 9 Tahun 1975 tentang Pelaksanaan Undang -Undang Nomor 1 Tahun 1974 tentang Perkawinan. Sesuai dengan Pasal 39 ayat 2 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan juncto Pasal 19 Undang-Undang Nomor 9 Tahun 1975, tidak mengatur adanya alasan perceraian karena murtad namun didalam Kompilasi Hukum Islam alasan perceraian karena murtad diatur didalam Pasal 116 huruf h.</p>
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Ong, Guan Boon, and Zuhair Rosli. "An Analysis and Commentary on Riddah in Malaysia." Jurnal Undang-undang dan Masyarakat 29 (December 1, 2021): 59–68. http://dx.doi.org/10.17576/juum-2021-29-06.
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Riddah originally from the Arabic language Al-Riddah means apostasy while in Malaysia it is commonly referred to as murtad. Riddah is part of the hudud offences whereby the punishments are clearly spelt out by Al-Quran and Hadith which cannot be added and deducted, or altered because it has been determined by Allah. For riddah, most of the Islamists jurists hold on to ahad hadith (a single hadith) which is still disputed as a basis of law but most of them agreed that only when an apostate act against Islam then he or she must be killed. In the practical aspect, application of Islamic law in Malaysia is predominantly derived from statute and even for the riddah punishment the Syariah Court can only impose a punishment not more than 3 years of imprisonment, fine not more than RM5,000 and whipping not more than 6 strokes which is in stark contrast with the punishment agreed upon by Islamists jurists. Apart from this sentencing power, other issues surrounding riddah will be discussed in depth in this article with the aim to find the best practise which is acceptable for the whole of Malaysia.
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Kolawole, Tobi Angel, and Helen Ting M. H. "Sharia Politics in Nigeria and Malaysia: Governance, Islamization and Human Rights." Journal of Politics and Law 15, no. 3 (June 15, 2022): 25. http://dx.doi.org/10.5539/jpl.v15n3p25.
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Despite being federal secular states, the scope of Islamic law application and Islamic bureaucracy in both Nigeria and Malaysia has expanded tremendously under the influence of Islamist movements. Ideologically, Islamism aims to establish a political system based on Islamic tradition and the full implementation of Sharia law. Islamist activists in both countries have been working and pushing for the full implementation and enforcement of Islamic law including its criminal code which is also known as Hudud. Situating our analysis within a framework of the differentiated context of governance, this study expounds a comparative analysis of the processes of sharia implementation and the varying natures of human rights violation. Our analysis illustrates that the state failure in Nigeria cannot be resolved by replacing the secular political system with an Islamic one as the problem lies elsewhere. In Malaysia whereby state capacity in governance is much more effective, problems peculiar to the contemporary Islamic doctrine such as the theological interpretation of apostasy from the perspective of human rights are aggravated by a strong state capacity in regulating individual Muslims’ private lives. The tendency of seeing harsh punishment as an effective means of weeding out vices and associating it with the seriousness of the state in enforcing Islamic belief leads to the loss of a sense of jurisprudential proportionality, and a zero-sum-game mentality vis-à-vis the respect for human dignity and liberty for both Muslims and non-Muslims alike.
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Pink, Johanna. "A Post-qur'ānic Religion Between Apostasy and Public Order: Egyptian Muftis and Courts on the Legal Status of the Bahā'ī Faith." Islamic Law and Society 10, no. 3 (2003): 409–34. http://dx.doi.org/10.1163/156851903770227601.
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AbstractThe more than 100-year presence of Bahā'īs in Egypt has caused a number of legal problems for Muslim jurists and Egyptian courts. Both have dealt with the status of Bahā'īs in personal status, criminal and administrative law. In this essay, I describe the solutions put forward by muftis and courts for novel problems generated by the presence of a post-Qur ānic religious minority in Egypt, and I analyze the interaction between shari a and state jurisdiction. Special attention is given to methods of dealing with issues that have no precedent in classical Islamic law, like the status of Bahā īs of non-Muslim descent and the consequences of apostasy for matters of administrative law or employment in public service.
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Hedayati-Kakhki, Mohammad, and Michael Bohlander. "Criminal Justice under Shari'ah in the 21st Century—An Inter-Cultural View." Arab Law Quarterly 23, no. 4 (2009): 417–36. http://dx.doi.org/10.1163/157302509x467353.
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AbstractThis paper tries to analyse some of the basic issues arising in the conversation between legal systems based on Shari'ah and those based on secular traditions, as well as the efforts of the law-makers in the former to adapt to changed expectations in modern society. The argument focuses on the area of criminal law and highlights concepts such as hudud crimes, apostasy and al-diyah. The authors advocate an increased dialogue and ultimately the creation of a Centre of Global Ijmā' as a forum in which Islamic and other legal scholars could meet to discuss their respective approaches to legal issues of global interest in order to avoid unnecessary ideological clashes and to provide a base for global policymakers to draw upon in their decision-making process.
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Almirzanah, Syafa’atun. "On Human Rights and the Qur’anic Perspective: Freedom of Religion and the Rule of Apostasy." Al-Jami'ah: Journal of Islamic Studies 45, no. 2 (December 28, 2007): 367–88. http://dx.doi.org/10.14421/ajis.2007.452.367-388.
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It is often argued that Islam is not compatible with modernity. This can be seen for instance in the fact of the problem that Islam faces to the challenge of universal values of human rights. Built on this supposition, the present article discusses on the great extent the question of religious freedom in Islam. As freedom of religion in the framework of universal declaration of human rights can mean as freedom to change religion, this contradicts to Islamic prohibition of apostasy, punishable with death penalty. The author argues that Islam in fact guarantees religious freedom. This is clear from the Quranic injunctions assuring the freedom of choice whether to embrace Islam or not. Such a freedom is however often contradicted to one prophetic tradition sanctioning death penalty for apostasy. In her view, the author believes that the hadith more in attunes to the political strategy of the prophet to safe Muslim community from any acts of treason or sedition. Death penalty for apostasy is thus not related to the mere personal crime of changing religion but more that of public law related to war or crimes against state. More relying on the modern interpretation of the Quranic verses as well as the prophetic traditions, the author concludes that Islam is in conjunction with the modern values of religious freedom in which personal choice of religion or belief is the backbone of human rights.
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Halimang, St. "Sociological Study of Islamic Law on the Impact of Interfaith Marriage in Domestic Life (Study in Tirawuta District, East Kolaka District, Indonesia)." Journal of Law and Sustainable Development 11, no. 11 (November 23, 2023): e670. http://dx.doi.org/10.55908/sdgs.v11i11.670.
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Objective: Interfaith marriages are prohibited from a religious perspective, but this still happens in household life in Tirawuta District, East Kolaka Regency. This study aims to determine the impact and considerations based on the sociology of Islamic law on interfaith marriage families. Methods: The problem in this research is related to the negative impact and how Islamic law shari'ah perceives the phenomenon of interfaith marriage. This research is a descriptive qualitative study, using a normative syar'i and sociological approach, classified as field research. The data collection technique used is observation, interviews, documentation, data analysis techniques used, descriptive qualitative. As for checking the data, the validity of the data, triangulation is used. Result: The results of the study were thirteen pairs of different religions; the marriage process was agreed according to the agreed religious process. The occurrence of interfaith marriages is due to several factors such as economic factors, a person's curiosity about Islam, and a lack of religious knowledge. This continues to have a positive impact but also a negative impact. The impact caused by interfaith marriages has a positive impact because there are still partners who are committed to building a household and worship according to the Islamic religion, negative because there are still partners who follow the religion they like, after the marriage they return to their original religion, they are easily divorced. The sociological conditions of families of different religions in Tasahea village are conducive, according to the nature and characteristics of Islamic law which requires humanity and morality. Conclusion: Interfaith marriages can have quite a disturbing impact on Islamic religious ideology which is inconsistent with the objectives of Islamic law, especially maintaining religion. In principle, Islamic law forbids interfaith marriages to prevent the danger of apostasy, the breakdown of the household due to ideological complications, creeds that carry a high risk of converting religions, the stakes of the religion of their offspring because religion is seen as a game.
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Bawono, Royan, Muhammad Dayyan, and Faisal Faisal. "Perlukah Sanksi Pidana Ekonomi Syariah di Aceh?" Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam 15, no. 2 (December 30, 2023): 373–87. http://dx.doi.org/10.32505/jurisprudensi.v15i2.5693.
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Sharia economic crimes have not been regulated in the form of legal norms that require criminal sanctions. In fact, the crime exists and often causes victims to be in debt, which leads to apostasy. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative legal analysis. The results showed that a sharia economic criminal qanun is needed that regulates criminal sanctions for perpetrators of sharia economic cultivation in Aceh based on three foundations. First, the philosophical principle of economics in Aceh, which is in line with Islamic law, is the Islamic view of life of the Acehnese people, referring to the Qur'an and Hadith. Second, juridically, there is a formal legal basis for making the Aceh Qanun concerning Sharia Economic Crimes, namely Law No. 11 of 2006 concerning the Government of Aceh, Aceh Qanun No. 8 of 2014 concerning the Principles of Islamic Sharia, and Aceh Qanun No. 11 of 2018 concerning Sharia Financial Institutions. Third, sociologically, it is necessary to meet the legal needs of the community with the development of empirical facts that there are still elements of usury, gharar, and others in economic activities that disturb the people of Aceh.
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Siregar, Rosmida Wati, and Ihsan Helmi Lubis. "Penerapan Teori Diversi Terhadap Kasus Anak Ditinjau Dari Hukum Pidana Islam." Jurnal El-Thawalib 3, no. 6 (December 27, 2022): 1102–11. http://dx.doi.org/10.24952/el-thawalib.v3i6.6665.
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The problem in this study is the application of diversion at the Padangsidimpuan Police Station in terms of Islamic Criminal Law. The type of research used in this research is field research, using a Juridical Empirical approach, primary data sources are Padangsidimpuan City Police investigators and secondary data sources are books, journals and others. Data collection techniques used consisted of interviews, observation, and documentation. Qualitative descriptive data analysis techniques. The results of this study are the application of diversion efforts at the Padangsidimpuan City Police has not been fully implemented in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by taking into account the best interests of children (victims and suspects), the parties invited for diversion include: victims and family, suspect and family, BAPAS, Bapemas, institutions or social organizations accompanying children. Islamic Criminal Law Review In Islah, criminal acts that cannot be pursued are criminal acts that fall into the Hudud category such as adultery, accusing adultery, alcohol, apostasy and rebellion. Apart from these categories, peaceful means can be taken even if it involves serious crimes such as murder and so on. While in diversion, the benchmark is the period of confinement. Peace efforts can be pursued while threatened with imprisonment under 7 years and not a recidivist.
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GRIFFEL, FRANK. "Toleration and exclusion: al-Shāfi‘ī and al-Ghazālī on the treatment of apostates." Bulletin of the School of Oriental and African Studies 64, no. 3 (October 2001): 339–54. http://dx.doi.org/10.1017/s0041977x01000192.
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The muslim judgement against apostates has in recent years been applied in cases of publicly expressed conviction that contradict generally accepted foundations of the Muslim faith. This situation is, however, only the outcome of a theological and legal development in the 5th/11th century. Until that time, the judgement of apostasy (irtidād) could not have been applied against Muslims who voiced opinions that were regarded as unbelief. The rules for this earlier period were written down by al-Shāfi‘ī in his Kitāb al-Umm. His interpretation of the legal institution of istitāba leads to the acknowledgement that the judgement of irtidād is applicable only in a very small number of cases. This reflects legal sensitivity in the period of mass conversions when the secret practice of pre-Islamic religious rites amongst newly converted Muslims might have been widespread. Al-Shāfi‘ī's guidelines, based on earlier judgements within the Kufan tradition, gained widespread acceptance in the Hanafī, Hanbalī, and Shāfi‘ī schools of law. A first change can be noted in the middle of the 5th/11th century when authors such as al-Māwardī and Abū Ya‘lā argued for a less generous application of the istitāba. Two generations later, al-Ghazālī (d. 555/1111) and his contemporaries such as Ibn ‘Aqīl (d. 513/1119) did not restrict the judgement of irtidād to cases of openly declared apostasy. Al-Ghazālī develops a reasoning which is fully aware of the change in law and of the deviation from long-established principles. His own condemnation of three key statements of the falāsifa, expressed in his Tahāfut al-falāsifa, would be impossible without his identification of kufr with irtidād in earlier works.
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Faisal, Faisal. "SISTEM PIDANA MATI MENURUT HUKUM POSITIF DAN HUKUM ISLAM." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 1, no. 1 (November 13, 2017): 81–100. http://dx.doi.org/10.32505/legalite.v1i1.293.
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The capital punishment system is one of the legal system system in which it contains about capital punishment. Even in practice that occurs in various legal systems it is also very diverse. In Indonesia there are actually some differences in the legal system. For example in Indonesia today there are laws that apply formally and Islamic law. The purpose of punishment according to the draft Penal Code is stated in article 54, namely: 1) Prevent the commission of criminal acts by upholding the legal norms for the sake of community protection. 2) To popularize the convict by conducting coaching so as to make him a good and useful person. 3) Resolving conflicts caused by criminal acts, restoring balance and bringing a sense of peace in society. 4) Release the guilt of the convicted person. While the implementation of Islamic law, namely: the primary purpose (al dharury), secondary goals (al haajiy), tertiary goals (al tahsiniyyat). In Islam the death penalty is explicitly described in the Qur'an or hadith, it is found in four cases, namely those who commit adultery Mukhshan, killing intentionally, hirabah and apostasy (out of Islam). And Also known in Islam that the death penalty for ta'zir is if the death penalty is desired by the public, for example for espionage (spy) and a very dangerous recidivist.
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Marhaban, Nawawi. "THE CRIMINALIZATION OF THE QUR'AN PERSPECTIVE AND IT’S CONTEXTUALIZATION IN INDONESIA." Jurnal At-Tibyan: Jurnal Ilmu Alqur'an dan Tafsir 6, no. 2 (December 30, 2021): 361–77. http://dx.doi.org/10.32505/at-tibyan.v6i2.3418.
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The Qur'an as the main source of law in Islam rules various kinds of criminal offenses and their punishments called Jarīmah. This is relevant to the purpose of God's laws implemented for the benefit and happiness of human beings. This article aims to present the discourse of Islamic criminal law in the Indonesian context. By using library research and content analysis as the analytical knife, this study found that the punishment in terms of the existence of texts in the Qur’an and hadith consists of two kinds. First, the punishments directly mentioned in the text are ḥudūd, qiṣaṣ, diyāt and kafarāt. Second, the punishment uncovered by the text is the ta'zīr punishment. Furthermore, there are four kinds of relations in the punishment, namely; 1) principal punishment, 2) substitute punishment, 3) additional punishment, and 4) complementary punishment. In this study, there are also ten acts that are able to be criminalized with threats of ḥadd and qiṣaṣ punishment, namely zinā, qażf (accusing zinā without evidence), ḥirābah (robbery), sariqah (theft), syurb al-khamr (drinking wine), maisir (gambling), riddah (apostasy), murder, persecution, and al-bugyu (rebellion).
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Sabian, Nur Arfah Abdul, Abdul Mutalib Embong, Raja Ahmad Iskandar Raja Yaacob, and Zullina Hussain Shaari. "Conversion of Religion: A Study on the Position of Law, Religion, and Practice in Malaysia and Egypt." GATR Global Journal of Business Social Sciences Review 3, no. 3 (August 11, 2015): 54–66. http://dx.doi.org/10.35609/gjbssr.2015.3.3(7).
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Objective - This paper is a comparative study between two selected countries in relation to conversion cases in religion or belief. Malaysia and Egypt are in the picture since both are Islamic countries, and frequently being reported to possess low level of religious freedom prior to the intervention of the religious authorities and Shariah court. The first part of the paper will discuss the definition of conversion and apostasy. The second part follows with the position on the right of conversion in the stated countries Methodology/Technique - The paper will use the content analysis methodology. Its approach focuses on the literature sources from printed media such as books, law journals, written reports and other relevant and authentic materials. Findings - Highlight the main findings that justified the research theme. Novelty - It will narrow the discussion to illustrate the development of the administration of justice specifically for the right of conversion in both countries in line to UDHR 1948. Type of Paper - Review. Keywords: Freedom of religion, conversion, Islam, human right, comparative studies, Malaysia, Egypt
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Syafe'i, Zakaria. "SIKAP MUSLIM TERHADAP MURTAD DALAM PERSPEKTIF AL-QUR'AN." ALQALAM 28, no. 1 (April 29, 2011): 167. http://dx.doi.org/10.32678/alqalam.v28i1.562.
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Islam gives human freedoom to profess a religion without any coercion. This freedom principle includes when one want to convert from his previous religion into another one. In Islam, it is called riddah, leaving Islam to convert into another religion consciously. The performers of riddah are called the apostates.The action of Riddah is fulminated by the Qur'an; however, the Qur'an does not clearly determine the punishment far the apostates. The majority of Islamic law scholars classify riddah as Jarimah (an injustice deed) that must be under pain of death as stated in hadits. Such a classification breaks the rights of the liberty of conscience supported by several verses of the Qur'an.The death penalty that is applied to the Jarimah performers, as a matter of fact, does not spontaneously apply when the action of Jarimah is known, but there is resuscitation process by persuading the apostates to reconvert into Islam. Moreover, the ulamas have different opinions in determining the criteria of Jarimah riddah (the criminal law of apostasy) that causing the death penalty. In this case, there is contradiction between the Qur'an and hadits. Therefore, the decision of the death penalty far the apostates should be reviewed.
Key Word : riddah, Islam, criminal law, death penalty
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Yahya, Imam. "EKSEKUSI HUKUMAN MATI Tinjauan Maqāṣid al-Sharī’ah dan Keadilan." Al-Ahkam 23, no. 1 (April 21, 2013): 81. http://dx.doi.org/10.21580/ahkam.2013.23.1.74.
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The debate about death penalty, is still attracted attention of people. At least, there are, two mainstream firstly those who agrees and secondly who refuses the death penalty being imposed. For those who agrees reasoned that severe violations of the right to life, should be punished by death so that could provide a deterrent effect, while those who refuses argued that the death penalty is a denial of human rights, especially right to life. The essence of the death penalty is not a violation of the law, because the implementation the death penalty actually enforced in order to protect human rights itself. In the view of Islamic law, death penalty, can be done on four cases, namely that of adultery, killing intentionally, Hirabah and apostasy. Furthermore, the death penalty should be carried out in accordance with maqāṣid al-sharī'ah and justice. In maqāṣid al-sharī'ah perspective, the purpose of death penalty should refer to maintain religion (ḥifẓ al-dīn), maintain body or maintain the survival (ḥifẓ al-nafs), mind (ḥifẓ al-'aql), descent (ḥifẓ alnasl), and maintaining property (ḥifẓ al-māl). While in the perspective of justice, State, on behalf of the law must protect its citizens from legal events that harm society.
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L., Sulaemang. "Pelaksanaan Hukum Mati: Kajian Hadis Hukum Riwayat Abdullah Bin Mas'ud." Al-Mizan 11, no. 1 (December 1, 2015): 74–89. http://dx.doi.org/10.30603/am.v11i1.991.
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This paper discusses the legal traditions of the implementation of the death penalty by Abdullah bin Mas'ud narrated. It aims to determine an offense as something forbidden or required by law, if it’s done or omitted, then the person act or neglect will be threatened with punishment. The death penalty is the most severe punishment who handed down to the perpetrators of crimes, because it concerns the human soul. If the penalty is impossed, it ended the convist history. The author uses a sociological, theological and Islamic law approach. The results showed that the murder is one crime that it is very wrath by God Almighty, and it is a major sin. In the language of the Koran, the death penalty is called qişaş, so did the traditions of the Prophet, Which is narrated by Ibn Mas'ud ra. Besides, the problem of killing in the hadith also mentioned the problem of adultery and apostasy, which are both lawful bloods. That is punishable by death. The implications of this study is the death penalty is useful to provide education and teaching, to prevent the spread of crime, ensuring the survival of other human beings, as well as upholding the law of Allah on earth, against the perpetrators, so that people will feel safe from crime criminals.
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Emon, Anver M. "On the Pope, Cartoons, and Apostates: Shari‘a 2006." Journal of Law and Religion 22, no. 2 (2007): 303–21. http://dx.doi.org/10.1017/s0748081400003921.
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During 2006, controversies concerningShari‘aor Islamic law seemed to dominate media reports. From cartoons to apostasy trials,Shari‘awas deemed to be at the core of controversies that attained international notoriety. Furthermore,Shari‘awas implicitly invoked by the Pope in his now infamous speech at Regensberg, in which he referred to the prophet Muhammad and an early Muslim jurist in order to define Europe as Christian and contrary to all that is Islamic. TheShari‘a-related events of 2006 raised fundamental questions not just about whatShari‘ais, but more fundamentally about the place of Muslims and their religious tradition in the international system. This article attempts to survey the aboveShari‘a-related events from 2006 in order to illustrate how references toShari‘a, whether by Muslims or non-Muslims, were embedded within a larger discourse on identity, community, and difference.This survey will not provide an in-depth analysis and critique of theShari‘adoctrines invoked in each case, as that would be beyond its scope. Rather, this article is intended to review the events in light of how “Shari‘a” was characterized, used, and positioned within a larger legal and political discourse. All of them illuminate similar problems of definition and identity that will generally arise in any critical discussion ofShari‘ain the modern day.Shari‘ahas arguably become more than a system of legal rules that can be subjected to critical legal scrutiny. Rather, it is also a symbol of political identity, such that any suggestion of legal reform may create political fall out amongst those committed to certain conceptions of identity, political and otherwise. The controversies concerningShari‘ain 2006 arguably had less to do with legal doctrine, and more to do with how “Shari‘a” can be used and manipulated to facilitate political ends concerning the definition of identity and thereby the separation (and even marginalization) of communities.
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Howard, Steve. "On the Path of the Prophet in Unsettled Times: Sudan’s Republican Brotherhood Looks Abroad." Religions 12, no. 2 (February 2, 2021): 100. http://dx.doi.org/10.3390/rel12020100.
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Mahmoud Mohamed Taha (1909–1985) founded the Republican Brotherhood in the early 1950s to promote social reform through a new understanding of divine revelation which had emerged during his two years of khalwa or retreat. From the 1950s through the 1970s, the Republican Brotherhood attracted a few thousand followers to Ustadh Mahmoud’s teachings, whose foundation was the discipline of tariq Mohamed, “the Path of the Prophet.” This Path was a challenging design for life that embraced gender equality and social justice against the backdrop of an increasingly Islamist-oriented Sudan. In the 1980s, the height of the Brotherhood’s membership, the Republicans confronted Sudan President Gaafar Nimeiry’s imposition of his version of “Islamic Law,” with publications and street corner lectures. Through peaceful protest, the Republican’s point was that Islamic Law would only be oppressive to the millions of non-Muslims in the country and to women. The result of this resistance was the 1985 arrest and execution of Taha for trumped-up charges of apostasy. In the decades following the passing of their teacher, the Republicans have kept a low profile in Sudan while trying to maintain both their faith and some social cohesion. In reaction to both the Islamist political conditions in Sudan and the failing economy, many Republicans have joined the Sudanese flight abroad, with modest communities of Republicans now established in the Gulf States of Qatar and UAE, as well as the United States. Through field work and interviews with members of these three communities, I have tried to understand the effort to sustain the discipline of the Path of the Prophet by Republican brothers and sisters under circumstances of the extremist orientations of Gulf politics, or the “moral ambiguity” of the United States. This study is part of a larger book project on the Republican Brotherhood following the execution of Ustadh Mahmoud.
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Mufid, Abdul. "REKONSTRUKSI HUKUM WARISAN DI INDONESIA PERSPEKTIF PLURALISME AGAMA." Al-Qadha 7, no. 1 (August 3, 2020): 60–72. http://dx.doi.org/10.32505/qadha.v7i1.1531.
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Juridical, theological, and philosophical differences in religion are one of the challenges for someone to become an heir. On the other hand, empirically historical-sociological is not the case, because there are reasons (illat) or other related to different religions to get the inheritance of Muslims who inherit using welfare factors. This research uses the normative legal research method. The author uses Gustav Radburch's theory of legal objectives governing justice, expediency, and legal certainty. Based on the results of the research found in the compilation of Islamic law is not available to the heirs who have been given apostasy. Religious differences as a barrier to inherit are specifically intended for heirs. So it can be concluded that Muslim heirs can inherit the assets of non-Muslim heirs, but not vice versa. In this study, non-Muslim heirs cannot inherit wealth from Muslim heirs, in order to fulfill a sense of justice and respect, these non-Muslim experts still obtain inheritance through mandatory wills which are processed through court determination. The will is obliged to be determined as a way out of giving the inheritance to non-Muslim heirs because the heir has died, and there is no other way to be able to transfer the heir's assets to the non-Muslim heirs.
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Moosa, Najma. "Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar." Al-Jami'ah: Journal of Islamic Studies 58, no. 1 (July 30, 2020): 103–70. http://dx.doi.org/10.14421/ajis.2020.581.103-170.
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This article focuses on the controversial issue of apostasy pertaining to the alleged family of Shaykh Yusuf of Makassar, the Indonesian pioneer of Islam in colonial South Africa, after his demise at the Cape in the late 17th century during a period of Dutch occupation of both countries. It is reported in local and international historical and scholarly sources that the second generation grandchildren of this political exile and learned Islamic scholar converted from Islam to Christianity at the Cape and thereafter entered into marriages with Christian spouses. Their mother is alleged to have been the Shaykh’s daughter, Zytie Sara Marouff (alias Care Sale), and their father, the Rajah or King of Tambora (alias Abulbasi Sultan), a fellow exiled countryman. The marriage between the Rajah and Zytie is alleged to have taken place shortly after his arrival at the Cape in 1698 but before the death of Shaykh Yusuf in 1699. The conversions are recorded to have taken place within two decades of the Shaykh’s death and shortly after the death of their father, the Rajah, in 1719; both averted death sentences but died during exile at the Cape. The main aim of this article is to critically analyse these sources, which contain both conflicting information, and whose authors express ambivalent views, in an attempt to unravel the mystery surrounding their conversion and the marriage of their parents. Although some local Muslim religious authorities (ulama) at the Cape are aware of these conversions, many are not. In fact, these conversions were overlooked in a publication on the very topic. Local Muslims have therefore not been fully apprised by them of this aspect of their history because the topic is understandably also a sensitive one. The aim of this article is therefore not to dispute these facts or even that these conversions may have been a voluntary exercise and a consequence of freedom of choice. Although an analysis of some of the policies of the then Dutch colonial government which were enforced at the Cape (for example, those pertaining to interracial and interreligious marriages amidst limited religious freedom) are referred to, this article highlights that socio-economic reasons (poverty) and practical expediency (marriage) may indeed have precipitated such conversions. A detailed critical analysis, including of the Islamic law (Shari’a) pertaining to freedom of religion and apostasy, is unfortunately beyond the scope of this article due to space constraints. [Artikel ini membahas kontroversi pindah agama pada keluarga Syekh Yusus Makassar selepas diasingkan di Afrika Selatan pada masa kolonial Belanda akhir abad 17. Menurut sumber lokal dan tulisan sarjana internasional menyatakan bahwa generasi kedua keturunan Syekh Yusuf telah memeluk Kristen serta menikah dengan pasangan Kristen. Cucu yang dimaksud adalah anak dari putri Syekh Yusuf, Zytie Sara Marouff, yang menikah dengan Raja Tambora yang juga ikut dalam pengasingan di Cape Town. Pernikahan itu diperkirakan terjadi setelah rombongan tiba di Cape Town tahun 1698 dan sebelum wafatnya Syekh Yusuf tahun 1699. Sedangkan konversi agama yang terjadi sekitar dua dekade setelah wafatnya Syekh Yusuf dan selepas wafat ayah mereka Raja Tambora tahun 1719. Fokus utama artikel ini adalah mengkritisi sumber-sumber informasi yang bertentangan dan pandangan-pandangan para penulis yang ambivalen dalam rangka memperjelas misteri mengenai konversi dan pernikahan kedua orang tua mereka. Walaupun ulama lokal di Cape Town menyadari tentang konversi tersebut, namun sebagian besar tidak memperdulikannya. Sayangnya konversi ini dilihat berlebihan dalam berbagai tulisan. Lagipula penduduk muslim setempat tidak menjelaskan informasi hal ini pada catatan sejarah mereka karena dipahami sebagai hal yang sensitif. Oleh karena itu, artikel ini tidak bermaksud untuk memperdebatkan atau bahkan menguji fakta mengenai konversi agama yang memang bagian dari hak kebebasan beragama. Walaupun artikel membahas pelaksanaan kebijakan kolonial Belanda (misal pembatasan pernikahan antar ras dan antar agama ditengah pembatasan kebebasan beragama), artikel ini juga membahas sekilas soal kemiskinan dan praktik kebijaksanaan pernikahan dalam mengendapkan persoalan konversi. Namun karena keterbatasan halaman maka artikel ini tidak membahas persoalan hukum Islam mengenai kebebasan beragama dan pindah agama.]
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Agustin, Fitria, and Rokilah. "Talak Dalam Tinjauan Psikologis, Teologis, dan Normatif." Prosiding Seminar Nasional Komunikasi, Administrasi Negara dan Hukum 1, no. 1 (June 21, 2023): 393–402. http://dx.doi.org/10.30656/senaskah.v1i1.232.
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Divorce is the last alternative when the ark of home life is untenable and its sinfulness. The last alternative, Islam suggests that before divorce, there are peace works between the two parties, for the marriage bond is the most sacred and steadfast one. Legal divorce can be compulsory if the mudflow that befalls one couple cannot be eliminated except by divorce. Divorce also the law can become unclean if it makes mudlives for one couple and does not eliminate the mudplow or equate it. It is the result of this divorce that has led to the obligation for a woman to lie down or in other terms called the waiting period. But sometimes understanding of talak is considered taboo, when he really is one of the solutions for couples if they are threatened and unresolved in their domestic conflicts, if there is violence, apostasy, and so on, they are likely to be life-threatening. Qualitative qualitative juridical research that refers to the legal norms found in living, evolving laws, and norms of society. The nature of research USES analytic analytic methods, data analysis employs qualitative approaches to primary and secondary data. The results of this study have been determined that talak is the last alternative for couples when marriage will no longer find the solution to living together. Psychologically speaking, talak is considered the final solution. In theological studies, talak is considered a lawful deed hated by God, while in the normative review, it should be based upon that which is regulated in legislation in this regard the marriage law and the compilation of islamic law.