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

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.

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.

<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>

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.

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.

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.

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.

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

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.

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.

Dealing with the theme of sex among the Arabs in the Middle Ages requires distinction between two stages: the pre-revelation of the Koran and the life of Prophet Muhammad stage, and the post- Prophet stage, including the Umayyad and Abbasid ages. The Arabs were interested in the subject of 'sex' in an incomparable way, and this appears in their over-talking about everything that is related to the female sex organs and her reproductive system such as female circumcision, puberty, engagement, marriage, sexual intercourse, haymen, virginity and non-virginity. In addition, the Arabs dealt with the shortcomings of the wife, her childbearing and child birth, breastfeeding, nikaḥ al-mutʿah, literally "pleasure marriage", adultery, fornication, sexual deviation, male homosexuality (liwatt) and female homosexuality (lesbianism), which is called "sihaq" in Arabic. Islam gave interest to 'sexuality' because the sexual passion is a human instinct and a phenomenon that affects the behavior of human beings Therefore, it should be cultivated and refined without going away from its reality and the human tendencies that God created in the human being. According to Islam, the human being does not have to nullify his instincts or control them just for control's sake, but he has to employ them according to the Islamic Law (Shariʿa).

The issue of illegitimate pregnancies is worrying and births out of wedlock are rampant in Malaysia. These concerns are not exclusive to Malaysia however, as typically, developing countries encounter similar problems. Workable data or statistics on adultery are nearly impossible to obtain as the perpetrator would be unlikely to plead guilty, unless there are reliable witnesses willing to testify and help the prosecution. However, data on out of wedlock pregnancies and illegitimate births in Malaysia are certainly considered essential indicators of acts of fornication. Apart from from the incidences of rape, acts of voluntary sexual intercourse also contribute to both pregnancies and the birth of illegitimate children. Against this backdrop, the prsent paper aims to analyse the relevant syariah criminal laws related to premarital pregnancies. The areas of interest are issues on the allocation of funds, nature of punishment, extent of prosecution, and incriminating evidence required under the Syariah Criminal Offences (SCO) Enactments of states in Malaysia. This study has adopted a qualitative method by obtaining data through analyses of documents pertaining to the Syariah Criminal Offences (SCO) Enactments of Malaysian states, books, and academic journals. This study finds that not all states have provisions for extramarital affairs. In fact, prosecutions in Syariah Courts for out of wedlock pregnancies are very fewcompared tothe number of illegitimate births. Inaddition, the existing provisions under the SCO are sufficient to handle cases of out of wedlock pregnancies and illegitimate births. In facing this reality, effective laws are obligatory, on top of the need to refine the existing provisions and develop the Islamic legal andjudicial system in Malaysia.

This paper poses a question whether Syari’ah can be adopted as a regional/provincial law in Indonesia or not? The question has many sides. First, the many provinces in Indonesia have different religious and cultural setting, making them varied in their reception not only to Syari’ah but also to Islam itself. Even the province where Muslims are majority, Syari’ah is not always ready to apply. Second, the formalization of Syari’ah has provoked an uneasy response from many non-Muslims and also from many Muslims who are not happy with the formalization of Syari’ah. Third, the provincial law has thus far been good in some provinces, giving no chance for the Syari’ah law to interfere. It is these problems that this paper is concerned with. Some aspects of the Syari’ah criminal law that many have attempted to be formalized will be discussed here such as the law of fornication, of drugs and beer, of prostitution, and of religious transgression.

When it comes to hadd crimes, the first thing that comes to mind is the crime of adultery. Because, in some Hanafi fiqh works, only the hadd of adultery was handled under the title of “kitab al-hudud”, other hadds such as theft and slander (qazf) were discussed under separate headings such as “kitab as-sariqa” and “kitab al-qazf”. As it is known, in the classical period, the proof of a crime was done in two ways: confession (iqrar) and proof (bayyinah). While confession is a statement against one's own detriment, it has been considered synonymous with witnessing. In Islamic law, in all civil and criminal cases except for the hadd of fornication, the confession of the person or the testimony of two persons is sufficient for the right or the crime to be confirmed, while the number of witnessing and confession in the case of adultery hadd is determined as four confessions/witnesses. Although there are various conditions in the doctrine regarding the acceptance of confessions and testimonies of witnesses and confessors (muqirs), in order to determine whether the crime has been proven or not, the judge must also use witnesses and the confessor to determine what adultery is, how the act constituting the crime of adultery took place, with whom he/she committed adultery, when and where the adultery was committed. Five questions are asked about where it takes place. These five questions are generally discussed under three main headings. In the investigation phase about the nature of adultery, it is aimed to know what adultery is and how it is defined by the witnesses or the muqir. Because the witnesses or the muqir may not know the adultery that will necessitate adultery, or they may think that a situation that is not adultery is adultery. Adultery must be defined correctly in order to eliminate all these ambiguities and to determine whether the crime has been confirmed or not. In addition, the definitions of adultery by the schools are also important here. Since the definitions of adultery by adherents of different sects are different from each other in the doctrine, this situation will create suspicion and the limit for adultery will decrease. In the investigation phase regarding the nature of adultery, it is required that the witnesses or the muqir describe in detail the realization of the act of adultery. So much so that the act should be explained clearly, leaving no room for doubt. Witnesses or mukirs should give testimony or confession as described in the narration of the Prophet Muhammad. In other words, in the arbitrary investigation, it is checked whether the elements of the crime are present in the concrete incident. The third stage of investigation is the investigation of adultery in terms of person, place and time. The investigation of the person is also expressed as the investigation of mazniyyah in fiqh. Witnesses or muqirs are asked to explain with whom they committed adultery. The hudud penalty cannot be applied if the adulterers is unknown or if the witnesses or the muqirs refrain from naming the adulterers. The most important reason for investigating adultery in terms of a person is the possibility that there may be a closeness between the adulterer and that would lower the level of adultery. The person may have had sexual intercourse with his wife or a person in his possession, and the witnesses may not know this. In this case, the act will cease to be adultery. Investigation of adultery in terms of time is important in terms of statute of limitations. If a certain period of time has passed between the act of adultery and the application of the witnesses to the court, then the adultery limit is reduced. The investigation of adultery in terms of place is important for Hanafis. The crime of adultery occurring outside the borders of the Islamic country cannot be investigated, and even if it does occur, the hudud punishment cannot be executed. Because Hanafis are of the opinion that the head of state does not have any authority in the crimes that occur in the dar al-harp. According to them, the authority of the head of state is limited to the borders of the Islamic country. It is aimed to determine whether the crime has been confirmed by asking these five questions, which we have discussed under three main headings, and also to drop the hadd case by creating suspicion in the occurrence of the event. Because it is recommended that the hadds, which are accepted as the right of Allah, be set by Shari.

AbstrakThis article gives enlightenment conecerning nikah siri (unregisteredmarriage), in Indonesia. The purpose of this nikah siri is a marriageconducted in accordance with the provisions of religious harmony and fulfillthe requirements of marriage as prospective bridegroom and women,guardians, consent granted, witnesses and consent of both prospective brideand the dowry, but not executed before the Marriage registration office. Sirimarriage is usually performed before the local (moslem) clergy. Nikah sirireasons this done many things, among others, to avoid fornication, stillbound by employment contracts that prohibit she was married to a specifiedperiod or to be polygamous because they do not obtain consent from his wifeor his wives, and can also be due to lack offees to pay marriage registrationfees. This siri marriage because marriage is not done then the recording hasno legal force, because no country legally valid marriage even be consideredthis never happened. The impact of this siri marriage are felt on the wife andchildren. Both the wife and children have no legal relationship with herhusband/father. So the wife does not have rights that should be owned by thewife of a valid marriage. So also with the child, the child status is not lawfulbecause the child is born not from a legitimate marriage, and children havehad only a civil relationship with his mother, as a result he/she can notobtain the rights that they should get if he/she was born of a valid marriageaccording to both valid under islamic and country law. Based on thosereasons the author conclude that siri marriage is very harmful and does notprovide legal protection to the wife and children.