The Interpretation of Qur'anic Text to Promote or Negate the Death Penalty for Apostates and Blasphemers

2001 ◽  
Vol 3 (2) ◽  
pp. 63-93 ◽  
Author(s):  
Declan O'Sullivan
Keyword(s):  
Death Penalty ◽  
Religious Beliefs ◽  
Belief Systems ◽  
Sacred Text ◽  
Mutual Respect ◽  
Peaceful Coexistence ◽  
Islamic Jurisprudence ◽  
The Right

Sharīca rulings are based on the Qur'an and aḥādīth. It is very interesting to assess how these sources have been interpreted in reference to both defining the crime and establishing the legal sentences of those found guilty of either blasphemy (i.e. sabb Allah, sabb al-rasūl/al-nabī) and/or apostasy (ridda/irtidād) from Islam. This article will attempt to determine whether the death penalty for the act of apostasy can be identified with the Qur'anic text and tafsīr. It will also show how inteipretations both for and against the death penalty have been emphasised through various ahādīth. Analysis of the Qur'an, Qur'anic tafsīr, and ahādīth will lead to an understanding of the development of the different opinions in Islamic jurisprudence regarding the penalty for blasphemy and apostasy. Examples offered include Q.2:217; Q.5:54; Q.9:12; Q.4:89; Q.16:106; Q.3:85 and Q.4:137. Other āyāt dealing with freedom of religious beliefs include Q.22:17; Q.2:256; Q. 109:1–6; Q.88:22–4; Q.10:99 and Q.18:29. It can be argued that a clearer understanding of certain translations and interpretations of the sacred text underlying the sharīca can show that the established legal sentencing owes much to strong political undercurrents, as opposed to a single message revealed in only one, unequivocal interpretation of the Qur'an. The conclusion highlights Islam's tolerance towards ‘Others’ or ‘infidels’, who, while holding the wrong belief systems, nevertheless have the right to peaceful coexistence and mutual respect.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Konsep Pemerintahan Religius dan Demokrasi Menurut Abdul Karim Soroush dan Ayatullah Khomeini

2013 ◽  
Vol 3 (2) ◽  
pp. 438-473
Author(s):  
M. Heri Fadoil
Keyword(s):  
Religious System ◽  
Islamic Jurisprudence ◽  
Ayatollah Khomeini ◽  
The Difference ◽  
The Government ◽  
The Right

Abstract: Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.Keywords: Governance, democracy, Abdul Karim Soroush, Ayatollah Khomeini

The Priority of Public Reasons and Religious Forms of Life in Constitutional Democracies

2019 ◽  
Vol 11 (4) ◽  
pp. 45
Author(s):  
Cristina Lafont
Keyword(s):  
Public Sphere ◽  
Religious Beliefs ◽  
Public Deliberation ◽  
The Public ◽  
Difficult Question ◽  
Political Deliberation ◽  
Forms Of Life ◽  
The Public Sphere ◽  
The Right ◽  
Mutual Accountability

In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

Common Sense Propositions

Philosophy ◽  
1973 ◽  
Vol 48 (186) ◽  
pp. 363-379
Author(s):  
A. C. Ewing
Keyword(s):  
Common Sense ◽  
Religious Beliefs ◽  
Physical Object ◽  
Human Beings ◽  
Vast Number ◽  
Know How ◽  
Justified Belief ◽  
The Past ◽  
The Right ◽  
Past Experiences

Philosophers have not been sceptical only about metaphysics or religious beliefs. There are a great number of other beliefs generally held which they have had at least as much difficulty in justifying, and in the present article I ask questions as to the right philosophical attitude to these beliefs in cases where to our everyday thought they seem so obvious as to be a matter of the most ordinary common sense. A vast number of propositions go beyond what is merely empirical and cannot be seen to be logically necessary but are still believed by everybody in their daily life. Into this class fall propositions about physical things, other human minds and even propositions about one's own past experiences based on memory, for we are not now ‘observing’ our past. The phenomenalist does not escape the difficulty about physical things, for he reduces physical object propositions, in so far as true, not merely to propositions about his own actual experience but to propositions about the experiences of other human beings in general under certain conditions, and he cannot either observe or logically prove what the experiences of other people are or what even his own would be under conditions which have not yet been fulfilled. What is the philosopher to say about such propositions? Even Moore, who insisted so strongly that we knew them, admitted that we did not know how we knew them. The claim which a religious man makes to a justified belief that is neither a matter of purely empirical perception nor formally provable is indeed by no means peculiar to the religious. It is made de facto by everybody in his senses, whether or not he realizes that he is doing so. There is indeed a difference: while everyone believes in the existence of other human beings and in the possibility of making some probable predictions about the future from the past, not everybody holds religious beliefs, and although this does not necessarily invalidate the claim it obviously weakens it.

Rewriting the Grammar of the Education System: Delhi’s Education Reform (A Tale of Creative Resistance and Creative Disruption)

2021 ◽  
Author(s):  
Yamini Aiyar ◽  
Vincy Davis ◽  
Gokulnath Govindan ◽  
Taanya Kapoor
Keyword(s):  
Education Reform ◽  
Belief Systems ◽  
Creative Resistance ◽  
Service Delivery Systems ◽  
The Status ◽  
Technical Capability ◽  
The Right ◽  
Technical Solutions ◽  
Burial Grounds ◽  
Primary Contribution

The study was not designed to undertake an evaluation of the success or failure of reform. Nor was it specifically about the desirability or defects of the policy reform choices. It took these reform choices and the policy context as a given. It is important to note that the Delhi reforms had its share of criticisms (Kumar, 2016; Rampal, 2016). However, our goal was not to comment on whether these were the “right” reforms or have their appropriateness measured in terms of their technical capability. This study sought to understand the pathways through which policy formulations, designed and promoted by committed leaders (the sound and functional head of the flailing state), transmit their ideas and how these are understood, resisted, and adopted on the ground. In essence, this is a study that sought to illuminate the multifaceted challenges of introducing change and transition in low-capacity settings. Its focus was on documenting the process of implementing reforms and the dynamics of resistance, distortion, and acceptance of reform efforts on the ground. The provocative claim that this report makes is that the success and failure, and eventual institutionalisation, of reforms depend fundamentally on how the frontline of the system understands, interprets, and adapts to reform efforts. This, we shall argue, holds the key to upending the status quo of “pilot” burial grounds that characterise many education reform efforts in India. Reforms are never implemented in a vacuum. They inevitably intersect with the belief systems, cultures, values, and norms that shape the education ecosystem. The dynamics of this interaction, the frictions it creates, and reformers’ ability to negotiate these frictions are what ultimately shape outcomes. In the ultimate analysis, we argue that reforming deeply entrenched education systems (and, more broadly, public service delivery systems) is not merely a matter of political will and technical solutions (although both are critical). It is about identifying the points of reform friction in the ecosystem and experimenting with different ways of negotiating these. The narrative presented here does not have any clear answers for what needs to be done right. Instead, it seeks to make visible the intricacies and potential levers of change that tend to be ignored in the rush to “evaluate” reforms and declare success and failure. Moving beyond success to understand the dynamics of change and resistance is the primary contribution of this study.

The influence of religious/spiritual beliefs on Malaysian hospital healthcare workers’ attitudes towards suicide and suicidal patients: a qualitative study

2021 ◽  
pp. 174498712110085
Author(s):  
Ching Sin Siau ◽  
Lei-Hum Wee ◽  
Suzaily Wahab ◽  
Uma Visvalingam ◽  
Seen Heng Yeoh ◽  
...  
Keyword(s):  
Healthcare Workers ◽  
Religious Beliefs ◽  
Right To Die ◽  
Spiritual Beliefs ◽  
Attitudes Towards Suicide ◽  
Formal Integration ◽  
Professional Care ◽  
The Right ◽  
Medical Disciplines ◽  
Suicidal Patients

Background There has been mixed findings on whether a healthcare workers’ religious beliefs contribute positively or negatively to their attitudes towards suicidal patients. Aims This study aims to explore qualitatively the influence of religious/spiritual beliefs on healthcare workers’ attitudes towards suicide and suicidal patients in the culturally heterogeneous Malaysian population. Methods Thirty-one healthcare workers from diverse religious backgrounds, professions and medical disciplines were interviewed. Thematic analysis revealed the centrality of religion in determining healthcare workers’ acceptability of suicide, specific religious beliefs that influenced their views on the right-to-die issue, perceptions of the suicidal patient’s religiousness/spirituality, and the aspects and extent of religious relevance in professional philosophy and practice. Results Healthcare workers who could perceive the multifactorial nature of suicide causation had a more empathetic response. There were high levels of paternalism in the care of suicidal patients, involving unsolicited religious/spiritual advice practised as a form of suicide deterrent and social support. Conclusions The formal integration of religious/spiritual practices into the professional care of suicidal patients was indicated.

Konsep Memilih Pasangan Hidup Menurut 2 Korintus 6:14-15 Dan Aplikasinya Terhadap Pencegahan Perkawinan Beda AgamaKonsep Memilih Pasangan Hidup Menurut 2 Korintus 6:14-15 Dan Aplikasinya Terhadap Pencegahan Perkawinan Beda Agama

2021 ◽  
Author(s):  
Candra Gunawan Marisi
Keyword(s):  
Social Relations ◽  
Role Models ◽  
Belief Systems ◽  
Apostle Paul ◽  
2 Corinthians ◽  
The Bible ◽  
The Family ◽  
Patterns Of Behavior ◽  
Effective Role ◽  
The Right

The concept of choosing a life partner for young people today needs more attention. Incorrect selection will lead them to circumstances and family situations that are certainly not based on the Word of God. The planting of children's faith must begin at an early age so that it can become a guide for them when they grow up and start thinking about family life. The basics and criteria in choosing a marriage partner according to Christian teachings must be planted in children so that wherever they are or whatever environment they are in, they are still able to hold and have a principle of choosing the right life partner according to the Bible. , The family is a fellowship consisting of people who are bound by each other by the most close ties of blood and social relations. How a child grows into adulthood is influenced by the family. Parents must be good models of Christian faith in order to be effective role models for the internalization of Christian belief systems, values and patterns of behavior. Parents must first live in truth in order to be a model of faith for children, in 2 Corinthians 6: 14-15. The Apostle Paul wrote a letter to the Corinthians about a spouse because there were believers there who had a spouse who did not believe in Jesus. The Apostle Paul also said that no similarities could be found through marriage that did not worship the same God.

The ICCPR as a ‘Living Instrument’: The Death Penalty as Cruel, Inhuman and Degrading Treatment

2004 ◽  
Vol 68 (6) ◽  
pp. 507-519 ◽  
Author(s):  
Amrita Mukherjee
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Right To Life ◽  
Degrading Treatment ◽  
The Right

This article examines the recent views of the UN Human Rights Committee on the issues related to the death penalty. Obligations under Articles 6 (the right to life) and 7 (the right not to be subjected to torture or other, cruel, inhuman and degrading treatment or punishment) are correlated. Despite widely divergent opinions within the Committee on the issue, this human rights body is moving towards strengthening the obligations of abolitionist states and, in so doing, restricting the availability of the sanction for retentionist states. This is consistent with the object and purposes approach and the nature of the ICCPR as a living instrument.

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