scholarly journals Obstacles and Solutions to Enforcement of Hudud in Shariah Courts in Northern Nigeria

2021 ◽  
Vol 4 (4) ◽  
pp. 600-628
Author(s):  
Ahmad Omar Ahmad ◽  
Abdul Samat Musi
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Theoretical Method ◽  
Northern Nigeria ◽  
Sources Of Information ◽  
Legal Documents ◽  
Federal Constitution ◽  
Islamic Jurisprudence ◽  
Northern Regions

This research aims to study the obstacles and solutions related to the application of hudud in Sharia courts in northern Nigeria; This is due to the presence of many problems when applying the hudud in Sharia courts, such as the conflict between the Federal Constitution and the Constitution of the States, especially with regard to the application of the had for theft. The researcher studied the Shariah hudud in general in terms of defining them linguistically and legally, with mentioning their types, while addressing the practical application of Shariah hudud in the Shariah courts in some northern states that were chosen as a model, these states are: Zamfara, Jigawa, Kan, Kaduna, Katsina and Bauchi states.The researcher also touched on the legal system and courts in Nigeria in general and the legal system and Sharia courts in northern Nigeria in particular, and the Islamic penal laws of the states of Zamfara, Kanbuchi and Jigawa were also discussed. The researcher used two scientific research methodologies, including: the inductive theoretical method; where he studied the subject of borders in general and the hudud of theft, especially in jurisprudence blogs, in addition to books, studies, letters, scientific articles, reports and legal documents that were written in this field and stored in libraries, websites and other sources of information. The researcher also used the applied analytical method; Where he studied the issues related to the hudud that were applied in the Sharia courts in northern Nigeria, especially with regard to the hudud of theft, and the study of the obstacles in the application of these hudud in order to find appropriate solutions to them. The researcher reached a number of results, including that Islamic Sharia is the optimal system that should be applied to obtain permanent happiness in this world and the hereafter. The application of legal borders effectively contributes to the elimination of crimes committed and prevalent in Nigerian society, especially in the northern regions. Among the findings of the research, the compatibility of Islamic criminal law with Islamic jurisprudence in most aspects, and the compatibility of the applications of Sharia courts with Islamic law in many cases. The researcher recommends the officials to carry out all the solutions mentioned in the study so that they can better apply the Sharia and implement the Sharia hudud. He also recommends to them the necessity of developing Islamic criminal law to be fully compatible with Islamic law, and the necessity of implementing all judgments issued by Sharia courts.

scholarly journals Legal Pluralism within The Space of Sharia: Interlegality of Criminal Law Traditions in Aceh, Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 426
Author(s):  
Dedy Sumardi ◽  
Ratno Lukito ◽  
Moch Nur Ichwan
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Tradition ◽  
Legal Traditions ◽  
National Legal System ◽  
Psychological Pressure ◽  
Women And Children

This article aims to analyze various legal traditions working within the implementation of Islamic law after special autonomy in Aceh. Although Aceh's legal system follows the national legal system derived from civil law, diverse legal traditions still exist. The scope of this study is limited to the interaction of Aceh's legal traditions by taking the construction of juvenile and immoral criminal law and describing the social authorities who also operate the legal tradition to the parties in the case. This study presents the results using a case study model. Data obtained from interviews and documentation, analyzed using an interlegality approach. Based on the results of data analysis, it was found that the dialectic of legal traditions is determined by the role of actors acting as companions for victims to ensure that the rights of victims are not neglected. The traditions of Islamic law, customary law, and laws for protecting women and children are used interchangeably. The effort to combine these three legal traditions was carried out to obtain justice and guarantee the fulfillment of the victim's civil rights, such as the right to continue education, to relieve the trauma caused by the psychological pressure. The amalgamation of legal traditions in Aceh is an effective way to achieve justice for women and children and the construction of new laws to develop a national legal system that favors the interests of victims.

PELUANG HUKUM PIDANA ISLAM DALAM PEMBENTUKAN HUKUM PIDANA NASIONAL DI INDONESIA

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Fitri Wahyuni
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Environment ◽  
Positive Law ◽  
National Legal System ◽  
The Future ◽  
Civil Laws ◽  
Islamic Civilization

Islamic law is prescribed by Allah SWT with the aim of realizing and realizing and protecting the benefit of humanity, both for the benefit of individuals, society or both. But Islamic criminal law is not understood correctly and deeply by society, even by the Islamic community itself. in the meantime, the position of Islamic law in the field of civilization has been broadly established in positive law, whether it is an element of influence, or as a modification of religious norms, which are formulated in civil laws and regulations, or which are covered by a substantial legal environment. Law No. 7 of 1989 concerning religious justice. Whereas Islamic criminal law has not yet gotten a place like the positive law of Islamic civilization. Whereas Islamic criminal law has the same opportunities as civil law in the national legal system based on three factors, namely philosophy, sociology and juridical. In addition to the three factors above, there are opportunities described in this study so that Islamic criminal law has the opportunity to establish national criminal law in the future  

Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58

2019 ◽  
Vol 38 (2) ◽  
pp. 459-493 ◽  
Author(s):  
Rabiat Akande
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Northern Nigeria ◽  
Colonial State ◽  
Religious Difference ◽  
British Colonial ◽  
Colonial Encounter ◽  
The Relationship

Emerging critiques of mainstream accounts of secularism reveal the imbrication of the sacred and the secular in ‘secular’ states. In the context of colonial Northern Nigeria, this sacred-secular entanglement, which took the form of the co-option of Islam for the colonial ‘secular’ enterprise, did not leave Islam unchanged. Co-opting Islam for the colonial project necessitated the making of an Islamic Law amenable to the colonial state. With a focus on criminal law, this article narrates the making of a British Colonial Islamic law in Northern Nigeria through the unprecedented expansion of siyasa. Departing from orthodox accounts of Islamic law's reification in colonial Northern Nigeria and heterodox assertions of its erosion by the colonial state, this article argues that neither the reification nor the erosion accounts illuminates the relationship between the colonial state and Islamic law. To show how the colonial state could assert secularism while co-opting Islam, this article presents a narrative of reform that foregrounds the following questions: Who had (and exercised) the power to decide what Islamic law was? How was the exercise of this power justified? How did the exercise of this power fit with the broader colonial project of governing religious difference? What were the consequences of these processes for Islamic law, institutions and colonial subjects?

Expanding a Formal Role for Islamic Law in the Indonesian Legal System: The Case of Mu’Amalat

2007 ◽  
Vol 23 (1) ◽  
pp. 249-270
Author(s):  
Alfitri
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Islamic State ◽  
Specific Question ◽  
Legal Code ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
Personal Law ◽  
Religious Courts

Contemporary conflicts over efforts to expand the role of Islamic law in the national legal system of Indonesia are so intense that they undermine reasoned public debate about this question. They are part of a long-standing polemic, not only about the role of Shariah in Indonesia generally but about the specific question of whether the Jakarta Charter, which references obligations to obey Islamic law, should be restored as part of the Constitution. This article is an attempt to revive the neglected academic discourse on the role of Islamic jurisprudence in Indonesian law, and to move beyond the confused polemics to a thoughtful consideration of where Islamic law fits in a non-Islamic state such as Indonesia. Because Indonesia is a secular state, the Shariah as a whole is not enforced by the state, but the Shariah has a significant meaning for Muslims in Indonesia because it provides the norms distinguishing the obligatory and recommended from those actions which are neutral, disapproved and prohibited in Muslims' lives. Moreover, some elements of Islamic jurisprudence in personal law have been absorbed into positive law in Indonesia through the decisions of religious courts, which have existed since the Dutch colonialism,3 as currently regulated by Law No. 7/1989. The Compilation of Islamic Law No. 1/1991 essentially functions as the legal code for all Muslims who must resort to the religious courts for the adjudication of disputes involving marriage, divorce, inheritance and waqf. Thus, consideration of the propriety of attempts to extend Islamic law to matters of property and of contract is appropriate at this time.

Islamic Law and Legal Hybridity in Nigeria

2014 ◽  
Vol 58 (2) ◽  
pp. 303-327 ◽  
Author(s):  
Mamman Lawan
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
The Other ◽  
Colonial Administration ◽  
English System ◽  
Customary Laws ◽  
British Colonial

AbstractThe British colonial administration created a hybrid legal system in Nigeria where English, Islamic and customary laws apply. The English system, having a written constitution, was made dominant and the other laws apply to the extent permitted by it. However, Muslims in the northern part of the country have been making efforts to reverse this dominance, including the recent re-introduction of Islamic criminal law by 12 states. This effort is seen to be revolutionary, reverting the states to the position when Islamic law applied in full, devoid of colonial influence. This article asks whether this can break the legal hybridity and answers in the negative, arguing instead that the effort accentuates the hybridity. For example, the re-introduction of Islamic criminal law is enabled by the constitution, the constitution institutionalises the hybridity and the 12 states operate, and are bound by, the constitution. The article discusses other variables depicting the hybridity and concludes that it was a conscious colonial act, nearly impossible to break.

Islamic Law in a National Legal System: A Study on the Implementation of Shari'ah in Aceh, Indonesia

2008 ◽  
Vol 3 ◽  
pp. 1-26 ◽  
Author(s):  
Hasnil Basri Siregar
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Central Government ◽  
National Policy ◽  
Legal Pluralism ◽  
National Government ◽  
Human Relationships ◽  
System A ◽  
National Legal System

AbstractThe implementation of shari'ah (Islamic law) in the province of Aceh in Indonesia was the consequence of a national policy of legal pluralism, effected in 2001 when the national government decided to give a special status and wide autonomy to this region. However, certain problems have arisen. One of these is whether the Islamic courts of justice have been conferred competence to deal with Islamic criminal law and if so, which judicial institution should deal with the matter. Another is the meaning and scope of mu'amalat law (the law dealing with human relationships). It also appears that the central government has permitted shari'ah to be implemented for political reasons.

scholarly journals The formulation of nusantara fiqh in Indonesia

2021 ◽  
Vol 21 (1) ◽  
pp. 39-58
Author(s):  
M. Noor Harisudin
Keyword(s):  
Middle East ◽  
Legal System ◽  
Islamic Law ◽  
Fixed Domain ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
National Legal System ◽  
Recent Developments ◽  
Nahdlatul Ulama ◽  
The Republic

This article discusses how Fiqh Nusantara, an Islamic jurisprudence in Indonesia was formed and formulated.  Data were obtained through library research, classic literature commonly used in Islamic boarding schools, fatwas of the Indonesian Council of Ulama, Nahdlatul Ulama, and Muhammadiyah. The Fiqh Nusantara contextualization in Indonesian locus – known as Fiqh Nusantara– is posed from distinctive genealogy and characteristics compared to Fiqh that has developed in the Middle East. One of the characteristics of Fiqh Nusantara is that it has strengthened the unity of the Republic of Indonesian as indicated by its various contributions in the national legal system. Additionally, it has been resulted in a dialogical process in which many fatwas developed and lived in the community. It is responsive to recent developments of fiqh and it is not derived from one school of thought. It is created through collective efforts (collective ijtihad) in the form of fiqh which is open to variety of opinions. However, Fiqh Nusantara as an Islamic law in Indonesia has not yet penetrated the domain of mahdlah (sincere worship to the God). For Fiqh Nusantara activists, it was only applicable to the changing domain of fiqh (mutaghayirat) and not to the fixed domain of fiqh (tsawabit).

scholarly journals Penalty for violating the professional companies system in the Saudi system: A comparative study: جَزاء مُخَالَفَة نظام الشَّرِكات المِهَنِيَّة في النظام السعودي: دِرَاسة مُقارنة

2021 ◽  
Vol 5 (15) ◽  
pp. 155-126
Author(s):  
Mahmoud Ali Moafa Mahmoud Ali Moafa
Keyword(s):  
Saudi Arabia ◽  
Comparative Study ◽  
Legal System ◽  
Islamic Law ◽  
Comparative Approach ◽  
System A ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Matters Of Concern ◽  
Large Category

System of Professional Companies is considered one of the modern matters of concern to a large category of professionals, and due to the absence of a previous scientific study, and owing to the significance of the subject, this study aimed to demonstrate the penalty for violating the system of professional companies in legal system of Saudi Arabia (Comparative Study), between the law in the legal system of Saudi Arabia and Islamic jurisprudence The researcher followed the descriptive comparative approach, with a focus on the penalty for violating the provisions of the system of professional companies, as it is in fact in the system approved by the Saudi government and comparing it with Islamic jurisprudence to demonstrate its compatibility with Islamic law (Islamic Sharia). The study concluded that in defining the penalty we find that it includes, in the system of professional companies, for a worldly penalty, in contrast to Islamic jurisprudence, which has arranged for a worldly penalty and a hereafter penalty, and that the system of professional companies, in imposing a financial fine on the violator, is consistent with the doctrine of the majority of jurists. The study recommended severe proposals including: The legislator shall stipulate the penalty for not obtaining coverage insurance and the legislator must take care of the community’s conditions and what is appropriate for its interests.

scholarly journals Administration of Islamic Law and Human Rights: The Basis and Its Trajectory in Malaysia

2019 ◽  
Vol 56 (2) ◽  
pp. 281-304
Author(s):  
Farid Sufian Shuaib
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Family Law ◽  
Freedom Of Religion ◽  
Federal Constitution ◽  
Islamic Family Law ◽  
Personal Law

This paper looks at the interplay between the administration of Islamic law in Malaysia in relation to Islamic family law and Islamic criminal law; and human rights. The paper examines the basis of the administration of Islam in Malaysia in relation to its history and post-independence mandate. It looks at the position of human rights under the Federal Constitution and the position of the administration of Islamic law under the constitutional framework. The research found that entrenching fundamental liberties through the supremacy clause resulted in the prevalence of human rights over freedom of religion. However, this is not consistently arrived at since the constitutional frameworks allows for plurality of laws and exclusion of personal law from the principle of equality.[artikel ini membahas kelindan antara administrasi hukum islam, hukum keluarga islam, hukum pidana islam, dan HAM di Malaysia. Artikel ini berbasis pada sejarah administrasi Islam di Malaysia sebelum dan sesudah kemerdekaan. Pembahsan lain artikel mengamati posisi HAM di bawah Undang Undang Federal Malaysia dan administrasi hukum Islam dalam kerangka konstitusional. Berdasarkan hasil riset menunjukkan dasar kebebasan pada supremasi klausul perundangan yang cenderung lebih utama HAM daripada kebebasan beragama. Meskipun demikian, hal ini tidak selalu konsisten ketika perspektif konstitusi mengikuti pluralitas hukum dan eksklusi hukum personal dari prinsip kesetaraan.]

scholarly journals Circumstances excluding criminal liability under the criminal law of the Muslim countries

2019 ◽  
Vol 135 ◽  
pp. 04071
Author(s):  
Dana Rizayeva ◽  
Ammar Manna
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Criminal Liability ◽  
Anglo Saxon ◽  
Muslim Countries ◽  
Self Defense ◽  
Legal Literature

In Islamic criminal law there are no institutions the general part, in that connection, it shared the list of circumstances that exclude the criminality of an Act, not developed. In Islamic criminal law, such circumstances, according to the analysis of some of his sources are not reaching the age of responsibility, a State of insanity, mislead, commit a crime under duress, self-defense, urgency, as well as remorse. The article is devoted to the characterization of the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon system of law. Main purpose is to form an idea of the role the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon legal system in modern conditions based on foreign legal literature, and an analysis of the criminal law. The hallmark of Muslim law is a priority of the religious laws of Islam, which govern all aspects of the life of Muslims. The question of the role of the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon legal system in modern conditions is covered in Islamic law with the aim of precise qualification of perfect a criminal offence, with a view to establishing the legality of the Act.

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