scholarly journals Moderasi Beragama: Meninjau Hadis-Hadis Hukuman Mati bagi Orang Murtad

2020 ◽  
Vol 18 (2) ◽  
pp. 169-188
Author(s):  
Nasirudin Al Ahsani
Keyword(s):  
Death Penalty ◽  
Islamic Law ◽  
Research Data ◽  
The State ◽  
Secondary Sources ◽  
The Past ◽  
Library Research

Islam is a religion that gives mercy to all creation, a religion that teaches peace, safety and prosperity. In recent years, there have been many wicked individuals trying to destroy Islam. Unlike in the past where waging war on Islam were done only with swords, today's war against Islam is more powerful, that is by planting seeds of doubt in every Muslim's heart. Both in terms of aqidah (Creed) and Sharia (Islamic law). The current study is a library research. The main sources of this research data were taken from the kutub al sittah (the authentic six): Ṣaḥīḥ Bukhārī, Ṣaḥīḥ Muslim, Sunan Abī Dāwūd, Sunan al-Nasāʾi, Sunan al-Tirmidhi, and Sunan Ibn Mājah. Meanwhile, the secondary sources were taken from the takhrij and shurūḥ al-hadīth books. The conclusion of the current study reveals that the death penalty for those who turn back from Islam or apostates can be applied if they meet two conditions: 1) Leaving Islam either by word or deed; 2) Committing criminal acts, such as: dividing Muslims, creating chaos, damage, disobeying the state, and helping the enemy in fighting the Muslims. The author concludes that neither the verses in the Qur'an nor the hadiths of the Prophet PBUH immediately order the killing of a person who turns back from Islam, unless that person commits insubordination, is in league with the enemy and other similar things.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

scholarly journals Pemberian Hak Hadanah Kepada Ibu Tiri dalam Putusan Pengadilan Agama Sidoarjo Nomor: 0763/Pdt.G/2018/Pa.Sda Perspektif Maslahah Mursalah

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 231-263
Author(s):  
Wafda Firyal
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Research Data ◽  
Biological Father ◽  
Good Person ◽  
Biological Child ◽  
Analysis Techniques ◽  
Library Research ◽  
The Right

This article is a library research on the granting of rights to stepmothers in the decision of the Sidoarjo Religious Court Number: 0763/Pdt.G/2018/PA.Sda. The research data are collected using documentation techniques and are analysed using descriptive analysis techniques and using a deductive mindset that is by outlining the decision of the Sidoarjo Religious Court which is then reviewed from the perspective of maslahah mursalah. The panel of judges in determining the right of gift to stepmothers in the Sidoarjo Religious Court's decision, based on article 41 letter (a) of Law Number 1 of 1974 jo. article 105 and article 156 letter (a) Compilation of Islamic Law and the proposition in the book Bajuri juz II. In addition, a willingness from the Defendant who is the biological father of the child to give the right of gift to the Plaintiff's Reconstruction is a point that is included as consideration by the panel of judges. In Islamic law which is examined from the theory of maslahah mursalah, the judge's consideration to establish the right of hadanah to the stepmother in the Sidoarjo Religious Court's ruling is in accordance with the purpose of the hadanah namely to prioritize the interests and benefit of the child so that later he or she can grow into a good person under the care of an appropriate person, even though the child is not a biological child of the Reconvention Plaintiff, the Reconvention Plaintiff is in fact more feasible and competent to have the right of hadanah.

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

scholarly journals Ĥadīŝ Aĥād Sebagai Sumber Hukum Islam (Pemikiran Imam al-Sarakhsī dan Imam al-Ghazālī, Pendekatan Epistemologi)

2017 ◽  
Vol 19 (2) ◽  
pp. 289
Author(s):  
Jabbar Sabil ◽  
Juliana Juliana
Keyword(s):  
Data Analysis ◽  
Islamic Law ◽  
Research Data ◽  
Library Research ◽  
Descriptive Method

Ĥadīŝ aĥād is one of the sources of Islamic law. But in practice, the scholars set different conditions as seen in the thoughts of Imam al-Sarakhsī and Imam al-Ghazālī. Therefore, this study examines the nature of ĥadīŝ aĥād according to both Imams, and their views on the criteria for the use of ĥadīŝ aĥād as the source of Islamic law. This research is done by epistemology approach which is part of a study of philosophy science. The technique of completion of research data is done by library research with the method of data analysis, that is a research according to the contents of both Imam. The data analysis is done by the comparative descriptive method that is, to find the relation between thinking with the same thing with equation and difference which is related to ĥadīŝ aĥād as the source of Islamic law. So the author comes to the conclusion of both Imams mentioned that ĥadīŝ aĥād is obliged to be practiced but doesn’t produce knowledge.The opposite side of their opinion is on the terms of practice. Imam al-Sarakhsī presupposes the fakih narrator, while Imam al-Ghazālī doesn’t because according to him the condition of the transmigrants is not realistic and complicates the practice.The analysis of the metaphysical example of ĥadīŝ aĥād fi'liyyah about ĥadīŝ yellow in the morning prayers indicates that in the ĥadīŝ the metaphysical condition of the jurists doesn’t increase the probability to certainty, and the absence of the fakih narrator doesn’t diminish its worth. Thus, the practice of ĥadīŝ aĥād is sufficient at the level of probability, so the thought of Imam al-Sarakhsī and Imam al-Ghazālī being complementary is not a contradiction.

scholarly journals AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

scholarly journals Studi Kritis Terhadap Pemahaman Fahmi Basya Terkait Dengan Ayat-Ayat Negeri Saba

2020 ◽  
Vol 2 (1) ◽  
pp. 38-51
Author(s):  
Ahmad Fudoli Zaenal Arifin
Keyword(s):  
Qualitative Research ◽  
The State ◽  
The Past ◽  
Library Research ◽  
Scientific World ◽  
The World ◽  
The Right ◽  
Scientific Facts

Criticism is something that must be built in the scientific world. Because, in science there is no such thing as a definite truth. Criticism here to bring it in the right direction. Especially about the story of the past contained in the Qur'an. A story that is explained in it contains truth, lessons and teachings evidently undeniable for all creatures of Allah, for the happiness of the world and the hereafter. This study uses qualitative research in the form of library research, the author uses the approach of the theory of the Qur'an and Interpretation and the theory of Diltheiy thinking and interpretive writing ideas in Indonesia. Meanwhile, the collection of data by means of documentation, namely the book Indonesia Negeri Saba'by Fahmi Basya and also taken from various related sources. Furthermore, the analysis is done by reading and examining Fahmi Basya's understanding writing, which is written in his book. In summary, Fahmi Basya confirmed 14 comparative accounts of Indonesia and Yemen based on the Qur'an and 53 scientific facts which he discovered that Indonesia was the State of Saba'. Fahmi Basya's understanding is very contrary to the commentators at least caused by two problems. Finally, Fahmi Basya wants to prove that the State of Saba 'in the Qur'an in Indonesia. Based on the study of Fahmi Basya's understanding it was found that Fahmi Basya was not an expert in the field of the Qur'an and Tafsir. So, when he understands the Qur'an and reveals the results of his research in the community it needs to be reviewed. Seeing with the scientific viewpoints of the Qur'an, Fahmi Basya's interpretation seems to match his discoveries with the Qur'anic Verses. And forcing all that can be matched look for verses of the Qur'an.

scholarly journals Re-Examining the Structure of Firms and the Provision of Finance: The Case for Islamic Partnerships

2019 ◽  
Vol 15 (10) ◽  
pp. 64
Author(s):  
Shams Osama Haikal
Keyword(s):  
Islamic Law ◽  
Policy Implications ◽  
Entire System ◽  
Legal Personality ◽  
The Past ◽  
Library Research ◽  
Credit Creation ◽  
Debt Finance

In the past, Muslims and non-Muslims mainly depended on equity-based financing while debt was an exception, but this whole system was altered with the inception of banks followed by the corporations and the role of partnerships started to shrink. Accordingly, many issues emerged concerning the current financial system, for instance three different banking theories were developed that are based on different understanding of how banks and money function and each lead to different economic and policy implications. Frankly, the new entire system was borrowed from the English law and hence raised doubt about its compliance with Sharī’ah. Accordingly, the study aims to re-examine the structure of corporations, especially the concept of legal personality, and the provision of debt finance under the principles of Islamic law and their effect on the economy as compared to partnerships. The study employed library research, content analysis as well as case study approaches and found that the only correct banking theory that is supported by an empirical evidence is the credit creation theory which states that banks can create money out of nothing. Moreover, after analyzing the concept of legal personality, the concept proved not to be accepted by the classical scholars although the majority of the contemporary scholars insist on its validity. Furthermore, the whole structure was found to contradict some of the main principles of Islamic law. Finally, partnerships were found to be more efficient than the debt-based system in terms of allocating the investable resources and the marginal efficiency of capital.

scholarly journals IMPLEMENTASI QANUN NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT DI KOTA BANDA ACEH PROVINSI ACEH

2020 ◽  
pp. 11-20
Author(s):  
Selvia Junita Praja ◽  
Wia Ulfa
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Research Data ◽  
Financial Resources ◽  
The Past ◽  
Adequate Quality ◽  
Research Findings ◽  
Descriptive Approach ◽  
The City ◽  
Banda Aceh

Qanun Jinayat is a legal product established with the aim of reducing the number of violations of Islamic law in the city of Banda Aceh. But the facts show that the implementation of this qanun over the past five years has not reduced violations of Islamic law. This is interesting to do research considering the presence of the qanun as the norm that enforces Islamic Sharia has not been able to reduce the level of violation. For this reason, this research would like to describe the implementation of the Qanun Jinayat and the factors that cause the qanun become ineffective.             This research uses qualitative method with descriptive approach. The Research data collected were using interview and documentation study technique.             Research findings reveal that the process of implementing Qanun No. 6 of 2014 concerning Jinayat Law has not gone well. Factors that cause the ineffectiveness of the implementation of the Qanun Jinayat in Banda Aceh City are human resources that lack adequate quality, management of financial resources that are not optimal and the availability of facilities and infrastructure that have not been good.   Keywords : Implementation, Qanun Jinayat

scholarly journals The Concept of Death Penalty in a Pancasila State (Perspective of Official Religion in Indonesia)

2020 ◽  
Vol 2 (2) ◽  
pp. 131
Author(s):  
Maria Anna Muryani ◽  
Noor Rosyida
Keyword(s):  
Death Penalty ◽  
Catholic Church ◽  
Roman Catholic ◽  
Thomas Aquinas ◽  
The State ◽  
Roman Catholic Church ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Human Right ◽  
Library Research

<p>The death penalty concept  in perspective the official religion in Indonesia is an issue that is worthy of study in line wiht the execution of drug convicts lately. MUI fatwa No.10/Munas VII/MUI/ 14/2005 on the death penalty in a Specific Crime allow the penalty in certain types of criminal  acts. In a latter sent to his congregation, paul chapter 13 yat 1-4 mention about the goverment’s authority to impose penalties for offenders. St. Agustine and Thomas Aquinas assume that the state, in order to achieve common prosperity, can performthe death penalty. St. Agustine assess the death penalty as a way to prevent crime and protect those who are innocent. Buton the other hand the human right activists who joined in contrast, Impartial and Elsam reject the death penalty and the Roman catholic Church and Christians argue that the death penalty should not be carried out because it violates basic human right, namely the righ to life. Therefore, research is the theme of the death penalty in the perspective of the official state religions in the frame Pancasila want to investigate this further on the death penalty in the perspective of religion are officially recognized by the state as defined in the following issues; How does the concept of the death penalty in perspective official religions in Indonesia are contained in their holy book? And How the concept of the death penalty to be reviewed from the perspective of the state ideology Pancasila? This research is a normative juridical or doctrinal research. This study uses several approaches that approach to the concept (conceptual approach), approach to the comparative (comparative approach) and approach to legislation (statute approach). This study was a descriptive analytical method of data collection in the form of a data library (library research) and interviews.</p><p class="IABSSS" align="center">[]</p><p><em>Konsep hukuman mati dalam perspektif agama resmi di Indonesia merupakan sebuah isu yang patut dikaji sejalan dengan pelaksanaan eksekusi mati narapidana narkoba. Fatwa MUI No.10/Munas VII/MUI/14/2005 tentang pidana mati dalam Tindak Pidana Tertentu memungkinkan adanya pidana dalam jenis tindak pidana tertentu. Dalam surat terakhir yang dikirim ke jemaahnya, pasal 13 ayat 1-4 menyebutkan tentang kewenangan pemerintah untuk menjatuhkan sanksi bagi pelanggar. St Agustine dan Thomas Aquinas beranggapan bahwa negara, untuk mencapai kesejahteraan bersama, dapat melaksanakan hukuman mati. St Agustine menilai hukuman mati sebagai cara untuk mencegah kejahatan dan melindungi mereka yang tidak bersalah. Namun di sisi lain para aktivis HAM yang bergabung sebaliknya, Imparsial dan Elsam menolak hukuman mati dan Gereja Katolik Roma dan Kristen berpendapat bahwa hukuman mati tidak boleh dilakukan karena melanggar hak asasi manusia, yaitu hak untuk hidup. Oleh karena itu, penelitian yang mengangkat tema pidana mati dalam perspektif agama resmi negara dalam bingkai Pancasila ingin diteliti lebih jauh mengenai hukuman mati dalam perspektif agama yang diakui secara resmi oleh negara sebagaimana dirumuskan dalam isu-isu berikut; Bagaimana konsep hukuman mati dalam perspektif agama-agama resmi di Indonesia yang dimuat dalam kitab sucinya? Dan Bagaimana konsep hukuman mati ditinjau dari perspektif ideologi negara Pancasila? Penelitian ini merupakan penelitian yuridis normatif atau penelitian doktrinal. Penelitian ini menggunakan beberapa pendekatan yaitu pendekatan konsep (conceptual approach), pendekatan komparatif</em> (comparative approach) <em>dan pendekatan perundang-undangan</em> (statute approach). <em>Penelitian ini merupakan metode pengumpulan data </em><em>deskriptif analitik berupa pustaka data</em> <em>(studi pustaka) dan wawancara.</em></p>

scholarly journals اسلامی تصورِ احتساب اور عدلیہ پر اس کا اطلاق

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 67-80
Author(s):  
Kh. Awais Ahmed Khawaja ◽  
Muhammad Arif Khan ◽  
Dr.Uzma Begum
Keyword(s):  
Significant Role ◽  
Islamic Law ◽  
The State ◽  
Islamic History ◽  
The Past ◽  
The World ◽  
The Law ◽  
The Right

Accountability has a very significant role in Islamic law. The process of accountability is very important for the amelioration of the state, society, family, and individual in the world. Some orders are issued for rectification and some matters are ordered to be avoided. The execution of these prohibited acts leads to accountability in society. Furthermore, many people are given powers to carry out the affairs of the state, the misuse of which can lead to great catastrophe. Hence, it is very critical to hold accountable those who hold these positions from time to time. One of these influential positions is that of the judiciary to which the Islamic concept of accountability is very substantial. Now the question is, what is the concept of accountability in Islam? And what was the exercise of accountability of the judiciary in the Qur'an and Hadith and Islamic history? This matter will be discussed in this manuscript. This research will refer to the introduction of accountability using authoritative citations to illustrate the Islamic concept of accountability, its sources, and strategies. How did accountability apply to the judiciary in Islamic history? Specimens are also included in this study and will be discussed. The importance of this research and its results will be disclosed in the conclusion. We will know that Islamic law has comprehensive laws of accountability, and how this sector has been kept on the right track by applying the law of accountability to the judiciary in the past.

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