Search

Divine law is the basic law in the Muslim states that guides the positive law of the state. Islamic law is called the Shari‟ah; while Islamic jurisprudence is called the Fiqh. Allah Almighty has prescribed fixed punishments for some offences. Those offences are called the Hudood offence. There is not any consensus about the exact number of Hudood offences; however the figure fluctuates from four to ten offences that fall in the category of Hudood offences. Islamic criminal jurisprudence developed in the fact that trafficking in persons is included in the category of Hudood offences. Allah almighty has prescribed limits for every act of human being. Any person violating such limits is condemned and held as sinful which is called as offence in the positive legal system. Any such violation in more shameful manner is called fasad fil Arz. Trafficking in persons is also one of the wrongs creating fasad fil Arz.

The provision ijbâr Rights in Islam has become the legal umbrella of forced marriage implementation in a deep-rooted society. The existence of unbalanced understanding and strong indication of the influence of ‘urf. Through fiqh approach, munâsib al-‘illah and ‘urf focusing on review of forced reextrictions in Islamic law, obtained that right ijbâr is actually a safeguard against girls but when it becomes a guardian’s right, it can not be applied because; right of girl in the fiqh salaf takes precedence over the right of guardians as the provisions of guardians ‘ad}al and the requirements of the guardian of mujbîr; legal images of the nature of girl and nature of children in the study of munâsib al-‘illah with the approach of al-qawâ’id al-fiqhîyah has one point of similarity that ‘illat is immature in sense of not being able to determine mas?lah?ah herself that shows maqâs}id avoids girls from danger, and this is difficult to achieve by forced marriage; the basic law of the right of ijbâr is the hadith that ‘illat in hadith it is ‘urf so that the hadith’s validity depends on ‘urf; and deliberation between guardians and girls is the best and praiseworthy way of determining a potential mate.