Relevant bibliographies by topics / Fornication (Islamic law)

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

Author: Grafiati
Published: 4 June 2021
Last updated: 2 March 2023

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

1

M. Hadji Abdul Racman, Sohayle, Hassan Shakeel Shah, and Mohammad Ayaz. "The Lanao Sultanate Today: Its Adat Laws and Islamic Law on Fornication with Special Reference to the Islamic Perspectives of al-Māwardī." Journal of Islamic Thought and Civilization 11, no. 1 (May 7, 2021): 318–34. http://dx.doi.org/10.32350/jitc.111.17.

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The Pat a Pangampong sa Ranao is the archaic name of the four states of Lanao. These four states are Bayabao, Masiu, Unayan, and Baloi which are collectively called the confederate states of Lanao, known as the Lanao Sultanate. This Sultanate was founded by the Lanao chieftains when they seceded Lanao from the Magindanao Sultanate in the 17th century which still exists today. This Sultanate had the traditional laws i.e. Adat laws and Islamic laws. Its political structure consists of traditional leaders and the forty-three sultans who ruled the pagawidan (supported) states and pagawid (supporting) states. Fifteen of these sultans were the executive bodies of the fifteen royal houses of the Lanao Sultanate, while twenty-eight of these sultans were called m’babaya ko taritib who were the legislative bodies and governors of the twenty-eight supporting states of Lanao Sultanate. Today, the Lanao Sultanate operates like the sultanates in Malaysia and Indonesia. Studies specifically dealing from the Sunni Islamic perspective on punishment for Zina (fornication) of the Lanao Sultanate are not represented in literature. This explains why there is a huge research gap on the Sunni Islamic perspective on punishment for fornication in the said sultanate. To fill in this research gap, this paper will explore in-depth the practices of the Royal Court of the said sultanate on punishment for fornication. The findings will be cross-referred to the Qur’ān and Ḥadīth injunctions on punishment for fornication; as well as on al-Māwardī’s Islamic perspectives on punishment for Zina.
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2

Azam, Hina. "Rape as a variant of fornication (Zinā) Inislamic Law: An Examination of the Early Legal Reports." Journal of Law and Religion 28, no. 2 (January 2013): 441–66. http://dx.doi.org/10.1017/s0748081400000102.

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The contemporary treatment of rape in the penal codes of Muslim nations has come under increasing scrutiny over the last two decades, as several high-profile cases have arisen in which women have claimed sexual assault but been unable to bring sufficient proof of non-consent. In some cases, claimants have subsequently been punished for fornication (zinā) because their accusations were seen as constituting confession to consensual illicit sex, while in other cases, a resulting pregnancy has been taken as evidence of the same. These cases have illustrated the particular problems that stem from defining rape as a coercive variant of fornication, or zinā.These cases have largely arisen in the context of national efforts to Islamize the legal code by bringing laws into line with perceived sharī'a guidelines. This slew of cases has prompted journalists, human rights groups and Muslim reformers to ask whether contemporary “Islamic” rape laws are really continuous with the classical Islamic juristic tradition, or whether they may in fact represent distortions of that tradition. A central point of debate has been over whether Islamic juristic discourse truly placed rape—that is, a man's unlawful sexual intercourse with a woman against her will—under the category of zinā, or not.
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Salma, Salma, and Solihin Solihin. "Penjara Nagari sebagai Hukuman Adat dan Upaya Masyarakat Nagari Tigo Jangko dalam Menanggulangi Perzinaan." ISLAMICA: Jurnal Studi Keislaman 10, no. 1 (August 29, 2016): 137. http://dx.doi.org/10.15642/islamica.2015.10.1.137-168.

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<p>This article deals with Penjara Nagari as a place to quarantine a couple who committed an adultery or fornication in Nagari Tigo Jangko. The study attempts to explore the reasons of the people to build a jail, regardless the existing government’s jails. The research found that the Penjara Nagari was built based on the decision of the <em>kerapatan adat</em> to anticipate and educate people to avoid adultery and fornication which were forbidden by Islamic law and Minangkabau tradition. The people caught the couple directly at the location. They screamed, humiliated and hit them. Then they brought the couple to the Penjara Nagari and few of people interrogated the couple and let the other people saw them in the jail. The prisoning of the couple had continued until kerapatan adat had made a decision which contained some punishments for the couple. Usually the prisoning occurred all night long till morning. Penjara Nagari in Islamic and Indonesian legal perspective was not real jail, since the real jail was built for prisoners who got a justice procedure and punishment from the court.</p>
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4

Shahid, Shahzeb. "Sterner Response toward Rape in line with Islamic Law: Special Reference to Pakistan." Indonesian Journal of Advocacy and Legal Services 3, no. 1 (March 15, 2021): 51–90. http://dx.doi.org/10.15294/ijals.v3i1.45597.

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This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t‘azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.
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5

Muhammadin, Fajri Matahati, Dian Agung Wicaksono, Almonika Cindy Fatika Sari, and Ola Anisa Ayutama. "Lashing in Qanun Aceh and The Convention Against Torture: A Critical Appraisal." Malaysian Journal of Syariah and Law 7, no. 1 (2019): 11–24. http://dx.doi.org/10.33102/mjsl.v7i1.173.

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While considered archaic to some, the Islamic Sharia applies lashing as punishment for a number of penal offences. Aceh is a special province in Indonesia with the privilege to apply some level of Islamic Sharia. Among them is to apply lashing as punishment for crimes such as fornication, gambling, consuming alcoholic beverages, and many others. Some have criticized this punishment as a violation of the prohibition against torture and cruel treatment. Based on a mix of normative and empirical research, his article will explore the relevant sources of international law and examine whether or not such a claim is true. It will be found that the Islamic Sharia version of lashing as applied in Aceh does not violate this prohibition, except in a very narrow-minded view of international law which may be an intellectual legacy of colonialism towards the world.
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6

MOHD KAMAL, MOHD HISHAM. "HUMAN RIGHTS PERSPECTIVES ON ISSUES IN THE IMPLEMENTATION OF ISLAMIC CRIMINAL LAW IN MALAYSIA." PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 4, no. 1 (July 29, 2019): 67–74. http://dx.doi.org/10.22373/petita.v4i1.5.

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This paper discusses the implementation of Islamic Criminal Law in Malaysia from the human rights perspectives. It looks at Syariah Criminal Offences Enactments and Syariah Criminal Procedure Enactments of States forming the Federation, and deals with the issues of the victimless Syariah offences of khalwat, fornication and drinking intoxicants, determining whether such criminalization is compatible with human rights. Discussion also deals with the issues of sanction and procedures, in finding out the extent to which Malaysia is complying with its International Human Rights Law obligations, if there is any. This paper finds that the Syariah statutory provisions are compatible with the human rights concept. In some extends, Syariah law can explore law uncertainty, because referring to God’s law not nature law. Most of human rights concept have come from the philosophy of nature law. Thus, the approach of nature law will always change depending of time period. However, Syariah law need to improve the training of religious enforcement officers on how to carry out their duties.
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7

Ahmad, Hassan M. "Re-Assessing the Evidentiary Threshold for Zinā’ in Islamic Criminal Law: A De Facto Exemption Proposal." Muslim World Journal of Human Rights 18, no. 1 (February 24, 2021): 103–32. http://dx.doi.org/10.1515/mwjhr-2020-0021.

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Abstract This article considers the four eyewitness threshold for zinā’ in Islamic criminal law. In some Muslim-majority countries where zinā’ remains an offence, judiciaries have by-passed the threshold by accepting singular confessions from male fornicators or, otherwise, inferring fornication from pregnancy outside of marriage. As a result, a disproportionate number of women have been prosecuted, convicted, and even punished for zinā’. I assert that the four-eyewitness threshold allows for an alternative way to view zinā’ that can result in a different set of consequences. If the threshold is taken seriously such that it becomes the only evidentiary basis upon which a zinā’ conviction can be entered, it will create an effective or de facto exemption where alleged perpetrators can never be convicted, except in the rarest cases where four independent eyewitnesses can be corralled. If adopted, this approach would provide a principled basis to reject opportunistic confessions that deflect punishment to accused female fornicators. And as an ‘internal’ solution that arises within the framework of the sharī’a, a de facto exemption approach is more likely to be perceived as legitimate when compared with proposed solutions that find their basis in international human rights legal instruments.
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8

Malik, Arif Jamaluddin. "Sejarah Sosial Hukuman Peminum Khamr." al-Daulah: Jurnal Hukum dan Perundangan Islam 3, no. 1 (April 1, 2013): 42–56. http://dx.doi.org/10.15642/ad.2013.3.1.42-56.

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Abstract: Penalty for a drinker can not be separated from the development and changes in society. As one of the many provisions of a criminal penalty, drinker should remain be punished. However, in practice, there are differences in accordance with the implementation of penalty for a drinker. It is about the amount and limit of the punishment given to a drinker. This is because al-Qur'an does not explicitely mention the legal sanctions for a drinker. In contrast to the punitive sanction for the variant of violations of a criminal penalty, such as fornication, adultery, and theft of the mentioned amount and limit of their sentence. The differences in the application of a criminal penalty for drinkers at the Prophet’s time time and after indicate that although the substantive criminal penalty should remain in force, but in the application might be heavier or at least equal as the former penalty. Those facts indicate that Islamic law is related to the changes and development of society. Thus, there is an interplay circumstance between Islamic law and the developments and changes in society, or in otherwise.Keywords: History, penalty, liquor, criminal penalty
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9

Sandimula, Nur Shadiq. "THE STATUS AND RIGHTS OF AN ILLEGITIMATE CHILD ACCORDING TO MAZHAB ASY-SYAFI'I PERSPECTIVE ON THE DEVELOPMENT OF ISLAMIC FAMILY LAW IN INDONESIA." Jurnal Ilmiah Al-Syir'ah 17, no. 2 (December 18, 2019): 121. http://dx.doi.org/10.30984/jis.v17i2.952.

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The problem of free social interaction brings a grave danger to society which is involved the sexual act out of wedlock which is known as fornication (zina) and causes a harming impact on their offspring psychologically, socially and religiously in the society. This paper is trying to analyze the perspective of an order of Shafi'i on the statuses and the rights of an illegitimate child. Based on library research, this research used a descriptive analysis method to derive the data and information from primary classical textbooks of mazhab Shafi'i. The result of this research shows that according to mazhab Shafi'i, a child who was born under six months after intercourse with her legal husband is believed to be an illegitimate child of another man. The children are not related to his/her biological father and the status of the child for his / her father is an ajnabiyya (non-mahram). If the child is a girl, her biological father is fully permissible to marry her. In the conclusion, the child is not related to his / her biological father and does not have any rights from his/her biological father whether a right to receive household expenses, a guardianship for marriage, and rights of inheritance.
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10

Berutu, Ali Geno. "Qanun Aceh No 14 Tahun 2003 Tentang Khalwat Dalam Pandangan Fik{ih dan KUHP." Muslim Heritage 2, no. 1 (August 16, 2017): 87. http://dx.doi.org/10.21154/muslimheritage.v2i1.1047.

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Abstract: Interdiction of khalwat (seclusion) is the early prevention of fornication, because it is basically starts from the things that lead to it. The establishment of Qanun No. 14 of 2003 on khalwat (seclusion) as Qanun in jinayat in the early application of Islamic law in Aceh is not without reason, that selection has at least two reasons. The first reason, khalwat (seclusion) is the one form of immoral deed (haram) in Islamic law and very disturbing on society. The second reason, there is euphoria on society in the form of "people's justice" to this Qanun in jinayat. Therefore in order to avoid any vigilante among society in Aceh, Aceh Government established Qanun No. 14 of 2003 to anticipate any chaos among society in Aceh. Abstrak: Larangan khalwat merupakan pencegahan dini terhadap perbuatan zina karena perbuatan zina pada dasarnya dimulai dari hal-hal yang mengarah kepadanya. Pengesahan Qanun No 14 Tahun 2003 tentang Khalwat pada awal penerapan syariat Islam di Aceh sebagai qanun dalam bidang jina>ya>t bukannya tanpa alasan, pemilihan qanun tersebut sekurang-kurangnya memiliki dua alasan. Alasan yang pertama, perbuatan khalwat mmerupakan bentuk maksiat (haram) dalam syariat Islam dan sangat meresahkan masyarakat namun belum tertangani dengan baik. Kedua, adanya euforia di dalam lapisan masyarakat dalam bentuk “peradilan rakyat” terhadap jenis yang diatur dalam qanun jina>ya>t ini, guna untuk menghindari main hakim sendiri ditengah-tengah masyarakat, maka Pemerintah Aceh mengesahkan Qanun No 14 Tahun 2003 sebagai bentuk antisipasi terhadap berbagai kekacauan di lapisan masyarakat Aceh.
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Books on the topic "Fornication (Islamic law)"

1

Yusuf, Muhammad. Ketentuan zina menurut KUHP dan hukum Islam serta prospeknya dalam pembaharuan hukum pidana nasional. Jambi: Sulthan Thaha Press, IAIN STS, 2010.

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Yusuf, Muhammad. Ketentuan zina menurut KUHP dan hukum Islam serta prospeknya dalam pembaharuan hukum pidana nasional. Jambi: Sulthan Thaha Press, IAIN STS, 2010.

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Muḥammad, Fāḍil. Jarīmat al-fasād. [Rabat]: al-Markaz al-Waṭanī li-Tansīq wa-Takhṭīt al-Baḥth al-ʻIlmīwa-al-Taqnī, 1987.

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Saʻdī, ʻAbd al-Malik ʻAbd al-Raḥmān. al-ʻ Alāqāt al-jinsīyah ghayr al-sharʻīyah wa-ʻuqūbatuhā fī al-sharīʻah wa-al-qānūn. 2nd ed. Jiddah: Dār al-Bayān al-ʻArabī, 1985.

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Ṣabrī ʻAbd al-Raʼūf Muḥammad ʻAbd al-Qawī. ʻAdālat al-Islām fī tashrīʻ al-ʻuqūbāt: Al-zinā, al-qadhf, al-shurb, al-sariqah. [Egypt: s.n.], 1987.

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6

"Off the straight path": Illicit sex, law, and community in Ottoman Aleppo. Syracuse, N.Y: Syracuse University Press, 2008.

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Suwaylim, Bandar Ibn Fahd. The Prohibition and Dangers of Adultery and Fornication. Institute of Islamic & Arabic Sciences, 2001.

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Zina, Transnational Feminism, and the Moral Regulation of Pakistani Women. University of British Columbia Press, 2011.

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Khan, Shahnaz. Zina, Transnational Feminism And the Moral Regulation of Pakistani Women. Univ of British Columbia Pr, 2006.

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Khan, Shahnaz. Zina, Transnational Feminism, and the Moral Regulation of Pakistani Women. UBC Press, 2007.

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

1

Kamali, Mohammad Hashim. "Zinā (Adultery and Fornication)." In Crime and Punishment in Islamic Law, 63–95. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190910648.003.0005.

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Beginning with the juridical meaning and attributes of zinā, this chapter proceeds with its proof by witnesses and confession, followed by issues over rape and the position of pregnancy as a proof. Then it expounds the definition of a muḥṣan (married) person, issues over stoning as a punishment of zinā, and a roundup of modern opinion on the validity of stoning. The chapter ends with a section on homosexuality, incest, and lesbianism.
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