ḤUDŪDPUNISHMENTS IN THE FOREFRONT: APPLICATION OF ISLAMIC CRIMINAL LAW BY HARAKAT AL-SHABAAB AL-MUJAHIDEEN

2014 ◽  
Vol 29 (2) ◽  
pp. 317-329 ◽  
Author(s):  
Michael Skjelderup
Keyword(s):  
Criminal Law ◽  
Current Practice ◽  
Islamic Law ◽  
State Power ◽  
Muslim World ◽  
Terrorist Group ◽  
Islamic State ◽  
Law And Order ◽  
State Institutions ◽  
Muslim Scholars

AbstractHarakat al-Shabaab al-Mujahideen, usually referred to as al-Shabaab (the youth), is known primarily as a Somali terrorist group. But since the end of 2008, it has functioned as a state power in large parts of Southern and Central Somalia. In this article, I analyze the main legal body of the group: theqāḍīcourt. In order to establish law and order in their territories, al-Shabaab has applied their own version ofsharī'a. The article reveals that al-Shabaab's application of criminal law follows the inherent logic of classical Islamic legal doctrines on several points. However, the al-Shabaab courts tend to overlook many of the strict requirements regarding evidence and procedure that were outlined by the medieval Muslim scholars in order to humanize Islamic law. Therefore, the legal reality of al-Shabaab's regime is far more brutal than that of most other Islamic-inspired regimes in the contemporary Muslim world. Al-Shabaab's practice of Islamic criminal law may be seen not only as a means to exercise control through fear but also as an effective way of filling the vacuum of insecurity and instability that has followed twenty years of violence and the absence of state institutions in its territories. I argue that, in order to understand al-Shabaab's current practice of criminal law, one has to take into consideration the group's jihadi-Salafi affiliation. According to Salafi notions,sharī'ais not only a means to an end, but an end in itself. As such,sharī'a(i.e., God's divine law) is the visual symbol of an Islamic state. Consequently, the application of Islamic criminal law, and especially of theḥudūdpunishments, provides al-Shabaab with political-religious legitimacy.

scholarly journals Review Of Islamic Law To The Use Of Article 28 Subsection 2 About Speech Hatred And Defamation (UU Number 19 AT 2016 Amendments to UU Number 11 at 2018)

2019 ◽  
Vol 5 (2) ◽  
pp. 355-368
Author(s):  
Arbanur Rasyid
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Hate Speech ◽  
State Institutions ◽  
History Of ◽  
The Media ◽  
The Law ◽  
The Many

Hate Speech  has recently become a warm conversation, not only in the media, but has begun to be discussed in scientific forums as a result of the many characters who are ensnared by hate speech due to making uploads in Social Media that is considered insulting to other people or state institutions by making a statement containing elements of hate speech in accordance with the criminal threat in Article 28 paragraph 2 of Law number 19 of 2016 amendment to law number 11 of 2008. Long before the law talks about hate speech, Islam through the Qur'an speaks a lot about how God denounces the actions of people who insult, berate, speak ill of others and make hoaxes, and Allah threatens sin for those who do it . Even in the history of Islam through the Prophet Muhammad had given a caning to people who make hoaxes, and the sentence in the Islamic criminal law is called Ta'zir, thus Islam is very careful and highly respects the human rights of a person including in protecting the soul and someone's honor

scholarly journals DALUWARSA DALAM PENUNTUTAN PIDANA PERSPEKTIF HUKUM PIDANA ISLAM

2016 ◽  
Vol 2 (1) ◽  
pp. 128-157
Author(s):  
Firdaus Firdaus
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Point Of View ◽  
Criminal Prosecution ◽  
The Right ◽  
Muslim Scholars

Abstract: This article discusses the different point of view among the Muslim scholars about whether expired can abolish the punishment or not according to Islamic criminal law. Majority of Muslim scholars view that it cannot abolish the punishment. For those who hold the principle of expiry, they do not consider it as a penalty cancellation for entire jarîmah. Islamic law sees expired is only included to cancel the right to carry out the sentence. Thus, in the perspective of Islamic criminal law, any persons who have committed a crime and it has not yet sentenced and has already expired, it does not mean that the criminal is not removed. This means that a person who commits criminal act and it is prosecuted at any times, so the case can be tried. While the expired is valid only when the crime carried out by someone has got the judge's ruling, so that the perpetrator is serving as the judge ousted.Keywords: Expired, criminal prosecution, Islamic Criminal Law.                                Abstrak: Artikel ini membahas tentang daluarsa dalam penuntutan pidana perspektif hukum pidana Islam. Dalam hukum pidana Islam, di kalangan Ulama masih diperselisihkan, apakah daluwarsa dapat menghapuskan hukuman atau tidak. Menurut kebanyakan fuqaha, daluarsa tidak menghapuskan hukuman bagi seluruh jarîmah. Daluwarsa hanya masuk dalam bagian yang menghapuskan hak untuk melaksanakan hukuman. Dengan demikian, dalam perspektif hukum pidana Islam, setiap orang yang telah melakukan tindak pidana dan terhadap perbuatan pidana itu belum sampai dijatuhi hukuman, maka meskipun sudah daluwarsa, pidana tidak menjadi hapus. Ini berarti orang yang melakukan tindak pidana kapan waktu saja dapat dituntut atau perkaranya dapat diadili. Sedangkan daluwarsa hanya berlaku manakala tindak pidana yang telah dilakukan  seseorang  itu  telah  mendapat putusan  hakim  sehingga  orang tersebut harus menjalani hukuman sebagaimana yang telah dijatuhkan hakim.Kata Kunci: Daluarsa, penuntutan pidana, hukum pidana Islam. 

scholarly journals The Phenomenon of «Islamic State»

2015 ◽  
pp. 211-220
Author(s):  
A. V. Fedorchenko ◽  
A. V. Krylov
Keyword(s):  
Middle Ages ◽  
State Power ◽  
Muslim World ◽  
Religious Values ◽  
Islamic State ◽  
The West ◽  
The Creation ◽  
Extremist Group ◽  
Positive Results ◽  
Better Than

On the first day of the holy month of Ramadan July 29,2014, jihadist organization "Islamic State" (IG), formerly known as "Islamic State of Iraq and the Levant" (ISIS), announced the creation of a "caliphate" in the areas controlled by its militants in Iraq and Syria. Using the weakness of state power and poignancy of inter-ethnic, inter-tribal conflicts, the leaders of the ISIS were able to multiply the number of its supporters and increase their influence. The crisis of "secular ideologies" (primarily Western liberalism and communism), greatly contributed to the success of "Islamic boom", including the creation of the ISIS. It prompted broad appeal to the Muslim masses on the ideological basis closer to them in spirit, mentality, purely religious values. The ISIS is funded better than any other extremist group before it. At least five sources of replenishment of its finances can be named. Current goals ofjihadists include the use of a power vacuum, bringing chaos in the various territories in the Muslim world, and prepare the ground for the transition to the ultimate goal of the program, namely the re-establishment, as it is declared, of the powerful theocratic state - the Caliphate, in the likeness of that which existed in Middle Ages, during the victorious Muslim conquests in the VII-IX centuries. The effectiveness of the fight against the ISIS depends on a combination of political, military, economic and social measures. Furthermore, it should be coordinated internationally. International coordination of anti-terrorist activities of Russia with the West and the East should bring positive results.

scholarly journals Editorial

2004 ◽  
Vol 21 (2) ◽  
pp. i-iv
Author(s):  
Katherine Bullock
Keyword(s):  
Islamic Law ◽  
American Foreign Policy ◽  
The United States ◽  
Muslim World ◽  
Present Condition ◽  
Islamic State ◽  
European Colonialism ◽  
The Relationship ◽  
President Bush ◽  
Special Relevance

As this issue goes to press, the Muslim world is reeling from a number ofevents: President Bush has reversed decades of American foreign policy tocome out in favor of Israel’s annexation of huge swaths of the West Bank;Israel continues to murder top Hamas leaders in Palestine; in Afghanistan,Karzai is having trouble administering a country that is slipping back to thepre-Taliban war-lord era, and violence continues to escalate in an increasinglydestabilized Iraq. Bush’s insistence that the so-called “war on terror”is for the sake of freedom rings increasingly hollow, and the United States,under his administration, appears to be a major catalyst for instability ratherthan stability in the world. When I think of Bush and his team, I cannot helpbut recall the Qur’anic verse that says: “When it is said to them: ‘Make notmischief on the earth,’ they say: ‘We are only ones that put things right.’ Ofa surety, they are the ones who make mischief, but they realize (it) not”(2:11-12).The Bush administration’s responses to the tragic carnage of 9/11 hasunleashed mayhem in the Muslim world that is reminiscent not of thetwentieth century, but of the nineteenth, in which the European powersattempted to colonize the Middle East, Africa, and Asia. Thus, Salem’sarticle, in a finely nuanced analysis of Jamal al-Din al-Afghani’s andRashid Rida’s responses to European colonialism, has reverberations intoday’s climate. Salem’s main argument is that al-Afghani and Ridaadvanced similar political programs on three different levels: fightingcolonialism, establishing modern Islamic states, and calling for itjihad inthe interpretation and implementation of Islamic law. It is hard not to seethe Muslim world’s present condition reflected in their struggles nearly acentury ago, and thus to feel a special relevance in studying the lives andworks of these two influential nineteenth-century figures. What were theissues they reflected upon? What were their conclusions, observations, andsuggestions? What worked and did not work for them? Salem’s article isvery instructive in this regard.One of the thorniest issues alal-Afghani and Rida attempted to addresswas the relationship and compatibility between a modern nation-state andan Islamic state. To what extent were these complementary or ...

An Alternative Vision of Sharia Application in Northern Nigeria: Ibrahim Salih’s Hadd Offences in the Sharia

2010 ◽  
Vol 40 (2) ◽  
pp. 192-221
Author(s):  
Gunnar J. Weimann
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Perceived Threat ◽  
Northern Nigeria ◽  
Muslim Community ◽  
Alternative Vision ◽  
Short Period ◽  
The Face ◽  
Muslim Scholars

AbstractAfter Islamic criminal law was introduced in northern Nigeria in 1999/2000, sentences of amputation and stoning to death were handed down by Sharia courts. Within a short period of time, however, spectacular judgments became rare. Given the importance of religion in northern Nigerian politics, this development must have been supported by influential Muslim scholars. This article analyses an alternative vision of Sharia implementation proposed by influential Tijaniyya Sufi shaykh Ibrahim Salih. He calls for a thorough Islamisation of northern Nigerian society, relegating the enforcement of Islamic criminal law to the almost utopian state of an ideal Muslim community. In this way he not only seeks to accommodate the application of Islamic law with the realities of the multireligious Nigerian state but also tries to conserve the unity of Muslims in the face of a perceived threat for Nigeria’s Muslims of being dominated by non-Muslims in the country.

Beyond Textuality in Islamic Legal Exegesis

2014 ◽  
Vol 31 (4) ◽  
pp. 50-72
Author(s):  
Luqman Zakariyah
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Depth Study ◽  
Qur'anic Exegesis ◽  
Muslim Scholars

When studying textuality in the codification1 of Islamic legal maxims (qawā‘id fiqhīyah), it is worth researching how intertextuality and hypertextuality can be used as linguistic mechanisms to help understand Qur’anic texts and how such texts cohere to form legal maxims in Islamic criminal law. An in-depth study of medieval Qur’anic exegetes reveals the length to which Muslim scholars have gone to link texts to extract contextual meanings from the Qur’an and, perhaps, to codify Islamic legal maxims. Two such approaches are intertextuality and hypertextuality. This article examines how the linguistic mechanisms defined herein complement juristic methodology in codifying Islamic legal maxims from Qur’anic exegesis. It explores several relevant exegeses, illustrates that maxims codified through intertextuality and hypertextuality are more far-reaching than those codified through textuality alone, and emphasizes these legal maxims’ application toaspects of criminal law. I conclude that were it not for juristic methodologies, many objectives of Islamic law would have been misconstrued in the process of identifying the texts’ meanings.

Beyond Textuality in Islamic Legal Exegesis

2014 ◽  
Vol 31 (4) ◽  
pp. 50-72
Author(s):  
Luqman Zakariyah
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Depth Study ◽  
Qur'anic Exegesis ◽  
Muslim Scholars

When studying textuality in the codification1 of Islamic legal maxims (qawā‘id fiqhīyah), it is worth researching how intertextuality and hypertextuality can be used as linguistic mechanisms to help understand Qur’anic texts and how such texts cohere to form legal maxims in Islamic criminal law. An in-depth study of medieval Qur’anic exegetes reveals the length to which Muslim scholars have gone to link texts to extract contextual meanings from the Qur’an and, perhaps, to codify Islamic legal maxims. Two such approaches are intertextuality and hypertextuality. This article examines how the linguistic mechanisms defined herein complement juristic methodology in codifying Islamic legal maxims from Qur’anic exegesis. It explores several relevant exegeses, illustrates that maxims codified through intertextuality and hypertextuality are more far-reaching than those codified through textuality alone, and emphasizes these legal maxims’ application toaspects of criminal law. I conclude that were it not for juristic methodologies, many objectives of Islamic law would have been misconstrued in the process of identifying the texts’ meanings.

Islam and War: Tradition versus Modernity

2010 ◽  
Vol 4 (1-2) ◽  
pp. 181-212
Author(s):  
Joseph S Spoerl
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Classical Scholar ◽  
Law Of War ◽  
Critical Method ◽  
Entire World ◽  
Modernist Project ◽  
Early Islamic ◽  
Muslim Scholars

Islamic thinking on war divides roughly into two main schools, classical and modern. The classical (or medieval) view commands offensive war to spread Islamic rule ultimately across the entire world. The modernist view, predominant since the nineteenth century, limits war to defensive aims only. This paper compares the views of two important Muslim scholars, the classical scholar Ibn Ishaq (d. 767) and the modernist scholar Mahmud Shaltut (d. 1963). This comparison reveals that the modernist project of rethinking the Islamic law of war is a promising though as-yet-unfinished project that can benefit from the insights of Western scholars applying the historical-critical method to the study of early Islamic sources.

For Love of the Prophet

2016 ◽  
Author(s):  
Noah Salomon
Keyword(s):  
Religion And Politics ◽  
Islamic State ◽  
State Institutions ◽  
Islamic Reform ◽  
Cultural Sovereignty ◽  
Islamic Thought ◽  
The Republic ◽  
Political Form ◽  
State Projects ◽  
Peace And War

For some, the idea of an Islamic state serves to fulfill aspirations for cultural sovereignty and new forms of ethical political practice. For others, it violates the proper domains of both religion and politics. Yet, while there has been much discussion of the idea and ideals of the Islamic state, its possibilities and impossibilities, surprisingly little has been written about how this political formation is lived. This book looks at the Republic of Sudan's twenty-five-year experiment with Islamic statehood. Focusing not on state institutions, but rather on the daily life that goes on in their shadows, the book examines the lasting effects of state Islamization on Sudanese society through a study of the individuals and organizations working in its midst. The book investigates Sudan at a crucial moment in its history—balanced between unity and partition, secular and religious politics, peace and war—when those who desired an Islamic state were rethinking the political form under which they had lived for nearly a generation. Countering the dominant discourse, the book depicts contemporary Islamic politics not as a response to secularism and Westernization but as a node in a much longer conversation within Islamic thought, augmented and reappropriated as state projects of Islamic reform became objects of debate and controversy. The book reveals both novel political ideals and new articulations of Islam as it is rethought through the lens of the nation.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

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