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This research aims to map the same cases with different sentencing decisions, determine the causes for the disparities in penalties in those decisions, and elaborate on the reasons for judges in making decisions. Qanun Jinayat of Aceh has designated flogging as the primary punishment for qanun violators. Nonetheless, many Sharia Court judges sentence offenders of sexual crimes to prison. This is empirical legal research with a normative juridical approach and a Sharia approach. Data were collected through interviews and the examination of decision documents. Those data were analyzed using data reduction, data display, and data verification. This research found that the same cases with different decisions include cases of rape, sexual harassment, and accusations of adultery. More prison sentences are imposed by Sharia Court judges in these cases than flogging and fines. The fundamental reason for these differences in decisions is due to the qanun's punishment choices, which are tinted by judges' perspectives in assessing Sharia-based qanun rules. Another factor for this disparity is the community's insistence that cases of rape and sexual harassment be punished by imprisonment or the authority to be remanded to the District Court. Some people argue that flogging has not deterred the perpetrators because, if the judge decides on this sentence, it may be carried out in a short time. Then, the perpetrator immediately returns to society and has an opportunity to repeat his crimes, while the victim is still in a traumatized state.

This research aimed to provide efforts to strengthen the law if changes to regulations occur, which must be accompanied by academic and socio-political approaches. In Indonesia, there is a new form of sexual crime whether verbal, non-physical, physical, or online. The prevalence of such incidents reflects a troubling trend that needs urgent attention from both authorities and society. This research was field research, equipped with qualitative data. The data sources included observational research, interviews, and documentation as well as literature studies by reviewing documents relating to criminal sanctions for adultery, especially from the Criminal Code, outside the Criminal Code, and manuscripts of Islamic criminal law. The beneficial theory used was the Al-Būtī version, which emphasized the validity of al-‘uqūbah al-Islāmiyah. The research findings revealed that in the event of changes to criminal law in Indonesia, maslahat considerations are prioritized, particularly in cases of grave sexual crimes, the death penalty should be applied. The government must consider things such as benefits, cultural values, and societal perspectives when making criminal punishment policies. In Indonesia, several backgrounds supported the choice of the death penalty for sexual crimes. The expected benefits are community protection, preventative action, justice for victims, and the elimination of dangerous perpetrators in the future. The legal situation governing sexual crimes in Indonesia is increasingly pitiful, and a change is needed.

This exploratory, diachronic study compares the politics of Islamisation, which have undergone different patterns of development in both Nigeria and Malaysia. Islamisation is defined as an ideological translation of Islamism into policies to "Islamise" the state and society by expanding the scope of the application of Islamic laws and principles. Islamisation in Malaysia has been implemented steadily and progressively since the 1980s. It involves the "inculcation of Islamic values" in a wide range of aspects of society, including the economy. The Islamic penal code or hudud enactments were legislated in two states, but held in abeyance due to their unconstitutionality. In contrast, Nigeria observed the sudden and erratic implementation of hudud in 12 northern states in 1999, along with other bureaucratic adjustments. Adopting an interpretative case study approach of the comparative method of Arend Lijphart, we explain the two contrastive case studies of the ideological translation of Islamism by analysing the manner in which various political opportunities and structural constraints in the respective cases have shaped the Islamisation process. Data gathering was based on an extensive review of the related body of literature. Analysis was conducted using a social movement theoretical framework based on a structured, focused comparison. The dynamic conceptualisation of the state as a set of institutions, which is continually and dialectically reshaped by contentious processes, captures how the bureaucratisation and judicialisation of Islam have modified the nature of state structures and the structure of political opportunities, which in turn allows for additional channels of influence for Islamic activists. [ABSTRACT FROM AUTHOR]

This article highlights the values of Islamic mercy contained in the concept of Hudud. This article is needed as an answer to the criticism that the concept of hudud in Islam is against human rights (HAM). The type of research used is descriptive qualitative research using the library research method. This article finds that the mercy of Islam is very much reflected in the concept of hudud, starting from the proscription of hudud itself to its enforcement in the community, even when and after the enforcement of hudud, we are prohibited from denouncing, cursing, and berating the perpetrators of criminal acts, even Islam tells us to do good and pray for them. This shows that the concept of hudud in Islam contains values of mercy and is not against human rights.

This exploratory, diachronic study compares the politics of Islamisation, which have undergone different patterns of development in both Nigeria and Malaysia. Islamisation is defined as an ideological translation of Islamism into policies to “Islamise” the state and society by expanding the scope of the application of Islamic laws and principles. Islamisation in Malaysia has been implemented steadily and progressively since the 1980s. It involves the “inculcation of Islamic values” in a wide range of aspects of society, including the economy. The Islamic penal code or hudud enactments were legislated in two states, but held in abeyance due to their unconstitutionality. In contrast, Nigeria observed the sudden and erratic implementation of hudud in 12 northern states in 1999, along with other bureaucratic adjustments. Adopting an interpretative case study approach of the comparative method of Arend Lijphart, we explain the two contrastive case studies of the ideological translation of Islamism by analysing the manner in which various political opportunities and structural constraints in the respective cases have shaped the Islamisation process. Data gathering was based on an extensive review of the related body of literature. Analysis was conducted using a social movement theoretical framework based on a structured, focused comparison. The dynamic conceptualisation of the state as a set of institutions, which is continually and dialectically reshaped by contentious processes, captures how the bureaucratisation and judicialisation of Islam have modified the nature of state structures and the structure of political opportunities, which in turn allows for additional channels of influence for Islamic activists.

This article examines the admissibility of evidence generated from CCTV and DNA tests as a means of proving adultery according to Islamic Law with a critical and argumentative study. This article reveals that hadd punishment cannot be imposed based on evidence generated from CCTV and DNA tests because the admission of such evidence will erode and neutralize the Qur'anic requirement of four reliable eyewitnesses before punishment. On the other hand, such evidence cannot be used to replace the provisions of the Qur'an and Sunnah because they are circumstantial and therefore subject to doubt. The author's main finding is that the only acceptable evidence for adultery is that prescribed by the Qur'ān or Sunnah, namely the oral testimony of four reliable eyewitnesses and confession. The article recommends that evidence generated from CCTV and DNA tests should be good evidence and equally admissible in all non-hudud offenses especially when there is no human interference or interruption tainting or affecting the evidence.

This research emphasizes the shift from the archaic trend of applying corporal punishment to other types of humane punishment in pre-modern periods. This phenomenon occurred not only in the Western world but also in the Eastern and Islamic worlds. One of them was the criminal law contained in the Banten Law (UUB), which was implemented in the Banten sultanate between the 18th and 19th centuries. Islamic criminal law in the form of qişaş and hudûd sanctions was no longer applied in Banten, but was replaced with more humane fines or diyat sanctions. Was the criminal law reform in the sultanate of Banten influenced by developments in Western law? One of the explanations given in the UUB was that the sultan of Banten employed the view of the Maliki school of thought, which allowed the ruler the right to impose takzir on criminal cases that had been resolved by Islamic law sanctions. The legal case for using diyať sanctions instead of qišaš and hudûd punishments was more substantial if takzir punishment was employed. This study used data in the form of UUB manuscript (single text) with the code number LOr 5598. The legal texts in UUB were analyzed using a legal social history approach. This study concludes that the application of law in UUB has dogmatic reasons for Islamic criminal law and the interests of siyasať syar'iyať.

The oath is one of the evidence considered by the legislature for proving claims and is so addrecodified legal laws as if it has a purely positive place in the legal system, both civil and criminal, while the analysis of the jurisprudential and legal teachings shows that that it cannot be completely such a position was given to the oath. n order to check the validity of the oath in proving the claims, it is necessary to detail between the legal and criminal claims on the one hand, and the claims with a private plaintiff and the lack thereof on the other hand. Accordingly, this descriptive-analytical study investigates the validity of oath in hudud and ta’zir. According the findings of this study, based on the arguments such as the narration "there is no oath in hudud", the fact that hudud are due god and some of them lack private plaintiff, the denial nature of the oath (except in exceptional civil cases), the tendency of legislator to mitigation and tolerance in the issues related to hudud and strictness in proving them hudud, as well as insisting on repentance and not disclosing the crime by execution of hudud and preventing the spread of prostitution and retaining the indecency of crimes subject to hudud, the invalidity of the oath in hudud has been proven. Considering the above-mentioned arguments and the commonalities of hudud and ta'zir in the above aspects, the oath also has no positive place in ta'zir and cannot be considered as a valid reason in proving the crime subject to ta'zir. Obviously, in cases where hudud and ta'zir have a financial aspect in addition to public status, such as robbery, the attached oath can be valid and only prove the financial aspect of the crime.

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İsmâilîlerin Âdem’in yeryüzüne inişi, diğer bir deyişle insanın yeryüzünde bulunma nedeni konusunda diğer Müslümanlardan farklı olarak ne söyledikleri bu makalenin temel sorusunu oluşturmaktadır. Çalışmada, öncelikle konuyla ilişkili görülen varlık hiyerarşisi ve bu bağlamda açığa çıkan hadd/hudûd ve tevhit kavramları üzerinde durulmaktadır. Zira İsmâilîlik’te âlemlerin doğuşu ve her türlü varoluş belli bir hiyerarşiye göre zuhur etmektedir. Bu hiyerarşi, aynı zamanda uyulması gereken ilahî sınırları belirlemenin ölçütü olarak da kabul edilmektedir. Bu bağlamda kritik bir terim olan hadd yahut çoğul formuyla hudûd”, basitten karmaşığa doğru sıralanan tüm varlıkların kendilerine ait ilahi makamdaki derecelerini ifade etmektedir. Bu öğretiye paralel olarak Âdem’in ezelde işlediği hata, kendisinden daha üstün konumda olanlara gereken bağlılığı göstermemesi nedeniyle bir tür hadsizlik olarak kabul edilmektedir. Bu bağlamda makalede konuyla bağlantılı olarak ele aldığımız bir diğer önemli kavram ise “tevhit”tir. Çünkü İlk Akl’ın, tüm İbdâ‘ Âlemini Mübdi‘in tevhidine davet ettiği unutulmamalıdır. Bu davete icabetin en önemli kuralı ise, her iki âlemde bulunan varlıkların tevhit ilkesini idrakte ve dolayısıyla da kemale ermede kendisinden üstün olanı tanıması ve ona itaat etmesidir. Makalede Âdem’in hubûtu konusunda İsmâilî klasik kaynaklarda, biri temsilî, diğeri ise felsefî sayılabilecek iki izah şeklinin ön plana çıktığı vurgulanmaktadır. Temsili anlatımlarda Âdem’in yeryüzünde bulunma nedeni, ezeli âlemde işlediği hata nedeniyle kaybettiği makamı geri kazanmak olarak açıklanmaktadır. Bu hata, cismanî değil tüm insanlığı temsil eden ruhanî Âdem tarafından işlenmiştir ve esasında nefsteki (psykhe) eksikliği sembolize etmektedir. Kur’an’da geçen Âdem’in cennetten çıkışıyla ilgili kıssa da bu anlatımla uyumlu bir şekilde te’vil edilmektedir. Daha ziyade Neoplatonizm felsefesi ile uyumlu olan açıklamalarda ise nefsin (psyche) gelişimi merkeze alınmaktadır. Nefs, Akıl’dan sonra varlık alanına çıktığı için eksiktir. Bu nedenle cismani âlemin yaratılma nedeni, nefsi ilim ve hikmet ile daha iyi kılmak ve nihai gelişimini sağlamaktır. Bu durumda nefs kendisini, yeryüzündeki en yüce temsilcisi olan Âdem aracılığıyla gerçekleştirmiş olmaktadır. İşte kozmosun hareketini başlatma nedeni temelde nefsteki bu eksikliktir. Sonuç olarak makalede; her iki izah şeklinde de nefsin eksikliğine yapılan vurgunun ön planda olduğu belirtilmektedir. Yani nefste, yahut onun yeryüzündeki sureti olan Âdem’de, Tanrıdan uzaklığın doğurduğu bir eksiklik nedeniyle bir makam kaybı ve zamana düşüş söz konusudur. Bu nedenle nefsin kemale ermesi yahut Âdem’in asli yerini geri kazanması için, cismani âlemin var olması ve yedi aşamalı bir sürecin tecrübe edilmesi gerekmektedir.

Children Criminal Rights seeks tocreate the necessary limitation for the fightagainst juvenile delinquency in order to achieve the corrent methods tomodify and treat the perpetrators under the age of 18.Accordingly, thereaction of the community to the crimes of childrenand adolescents shouldbe proportional tothese goals, which are clearly notablein the formulationofpunishments in Islamic Penal Code.According to this law, Hududisexecutable for children andadolescents, but it does not meanneglect of thepersonality and ageof the offenders. The findings of this article with thepurpose ofexamining the manner of issuance and enforcement of Hudud,indicatethat a review of the age ofcriminalresponsibility of children andadolescents based on existing jurisprudential sources is possible andrecommended, but in the current legal situation, on the one hand, features ofHudud such as criminal policy of ignoring crime, the difficulty of proving,the need to pay attention to the rule of dar, the process of rule of the Jeb andthe powers of governor in issuance and enforcement of Hudud and the lightrole of the plaintiff in the pursuit of these offenses; indicated that examplesof the implementation of Hudud were unique and, on the other hand, theverdict on those matters in according to the strict letter of the law, dependson the proof of growth and understanding of the nature and dignity of the actby the offense committed.Therefore, there is no conflict between thepunishment of persons under 18 years and the purposes of the new criminallaw.

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The Qur'an as the main source of law in Islam rules various kinds of criminal offenses and their punishments called Jarīmah. This is relevant to the purpose of God's laws implemented for the benefit and happiness of human beings. This article aims to present the discourse of Islamic criminal law in the Indonesian context. By using library research and content analysis as the analytical knife, this study found that the punishment in terms of the existence of texts in the Qur’an and hadith consists of two kinds. First, the punishments directly mentioned in the text are ḥudūd, qiṣaṣ, diyāt and kafarāt. Second, the punishment uncovered by the text is the ta'zīr punishment. Furthermore, there are four kinds of relations in the punishment, namely; 1) principal punishment, 2) substitute punishment, 3) additional punishment, and 4) complementary punishment. In this study, there are also ten acts that are able to be criminalized with threats of ḥadd and qiṣaṣ punishment, namely zinā, qażf (accusing zinā without evidence), ḥirābah (robbery), sariqah (theft), syurb al-khamr (drinking wine), maisir (gambling), riddah (apostasy), murder, persecution, and al-bugyu (rebellion).

The paper examines the socio-ethnic and religious configuration of Nigeria and the nature of Sharia debates in the Nigeria constitutions of 1977/1978; 1988/1989 debates and Constitutional Conference of 1994/1995. The paper argues that the genesis of the Sharia debates can be traced to 1956. The Constitutional Conference of 1994/95 was not bedeviled by a serious acrimonious debate over the Sharia. However, the 1999 constitution brought a new dimension to the issue of the Sharia. To some extent, the enactment of Sharia law in Nigeria is a prime example of the relative success of Nigeria’s multi-state federalism in regards to governing diversity. Particularly the political autonomy to establish a Sharia Court of Appeal with civil jurisdiction on Islamic personal law. The paper concludes that the constitutionalization of the Sharia has subjected it to the vagaries of the political wind and made it easy prey to political fortune-seekers. Thus, the matters relating to religions should be removed from the future deliberative process in the country.

With the approval of the I.P.C 1392 and pursuant to Article 286, the crime of corruption on earth, with general documentation, was added to the collection of criminal categories. ]n practice, the theoretical discussions regarding separating or not separating it from Muharibah ended. Although there are numerous serious legal criticismsregarding the foundations of new approach, this action compared to previous instances is considered a considerable effort to observe the principle of legality. Theadmission of corruption on earths an independent crime deserving punishment, requires that the legal document, regardless of the legal issues and opposing views, be criticized legally andits unknownaspects should be discovered. The unbridled development of the ways of the realization of the material element;neglectingthe different quality of the realization of this crime in the Penal Code with its instances in other special criminallaws;the lack of tangible and measurable criteria to differentiate between multiple the defendant who commitsmultiple crimesand benefits from the law of the multiplicity of crimesand its merged effects and the defendant who is, in a similar situation, suspected to commit corruption; finally, the use of interpretable terms and phrases such as "widely" and "largely" are only part of the legaljudicial challenges and ambiguities ofthis legal document

Do źródeł poznania szariatu, oprócz Koranu oraz tekstów sunny, należą również dzieła jurysprudencji islamskiej. Umdat al-Salik jest podręcznikiem tego świętego prawa napisanym w XIV wieku n.e. przez Ahmad ibn Naqib al-Misriego i jest jednym z najbardziej godnych zaufania dzieł szafickiej szkoły prawniczej. Jego tłumaczenie na język angielski dokonane przez N.H.M. Kellera zostało uznane przez autorytety świata muzułmańskiego za dzieło wartościowe i wiarygodne. Uzyskało również akceptację rządów kilku państw muzułmańskich. Podręcznik ten zawiera między innymi opis szczegółowych regulacji dotyczących najpoważniejszych przestępstw prawa islamskiego - hudud. Bezpośrednio godzą one w islam oraz całą społeczność muzułmańską, a karane są z mocy boskiego nakazu. Źródłem ich penalizacji każdorazowo musi być Koran lub sunna. W ich wypadku sędzia nie ma swobody w zakresie wymiaru kary, stwierdza jedynie winę oskarżonego, a sankcja karna jest sztywno określona w źródłach i nie można jej zmienić. Zaliczyć można do nich: cudzołóstwo (zina), oskarżenie o cudzołóstwo bez wymaganych zeznań świadków (qadhf), kradzież (sariqa), rozbój (hirabah albo tariq), picie alkoholu (khamr), bunt przeciw kalifowi (baghy) oraz apostazję (riddah).

The Shari’ah classifies punishments into aim to protect life, lineage, reason, property and intellect in order to provide welfare and protection to the society. The Islamic system of punishments described different punishments on committing different crimes, i.e; murder, theft, adultery, intoxicant, blasphemy, and robbery etc. The study concludes that in respect of Ḥudūd and Qiṣāṣ the power of court is limited but in Ta’zīr punishments the court has wider power. The punishments that are described in PPC are not similar to punish Federal Shari’ah court has supported punishment of amputation of hand against the crime of theft which is similar to the punishment of Qur’ān. Ḥadd punishment of theft in Pakistan is not implemented because the conditions i.e. at least two Muslim adult males eye al-Shuhood (truthful person and abstain from major sins) are very difficult to fulfill to the extent that Shariah demands. Therefore theft in Pakistan is punishable with Ta’zīr punishment. [ABSTRACT FROM AUTHOR]

This article will view specifically codification of Islamic Criminal Law in `Muslim community, such as Brunei Darussalam, a country based on Islamic principles, and Aceh is a part of Indonesian territory administratively, granted special autonomy to implement Islamic Sharia. Despite having different qualities, -as a country and a province- both have in common as a political power which apply Islamic Criminal Law. Refer to both qānūn jināyat in Brunei and Aceh, the author’ll explain the substance of the criminal law in both area, while also reinforces the implementation of Islamic Criminal Law in the framework of a modern state. The article concludes that basically the application of Islamic Sharia, particularly the Islamic Criminal Law, is closely related to the situation and socio-political conditions of a community or country. The differences of political system, for example, has contributed to the difference in the output of product or policy made by a particular country or territory. On the other hand, Brunei and the Aceh case show that there has been adjustment Islamic Criminal Law specifically set forth in the books of fiqh (as illustration of the Qur'an and Sunnah) with the needs of the community itself

This article discusses the new paradigm of Islamic law which is offered by Muḥammad Shaḥrūr, one of the contemporary Muslim thinkers from Suria. The focus of study on this paper is an attempt to criticize the redefinition of the basic concepts of Islamic law in Shaḥrūr view. According to Shaḥrūr, redefinition basic concepts in Islamic law must be done as a starting point to develop a new paradigm of Islamic law which is based on anthropocentric approaches, —not theocentric approaches. Islamic law is civil law, democratic and positive. Therefore, it requires more realistic, elastic, and implementable definition. For Shaḥrūr, the existence of a new paradigm, such as the democratization of Islamic law is very urgent in the midest of the Muslim world today on the era of the nation state, constitutionalism and democracy, rapidly changing, and increasingly distant from the tyranny period

Can death penalty or corporal punishment be imposed by a state since it is required by the Shariah, but, at the same time, it is against state’s obligation to guarantee civil rights as documented in such international human right laws as ICCPR and CAT? This article is to analyse the so called conflict of law between the requirements of Islamic criminal law and civil rights in Indonesia with particular reference to its implementation in Nanggroe Aceh Darussalam province. There are growing demands of some Muslims to the implementation of hudud in Indonesia and several Qanun Provinsi Nanggroe Aceh Darussalam have been enacted too. According to the proponent of such implementation, this depicts that the state respects its citizens’ belief and culture which is guaranted under the aegis of the right to self determination. However, Indonesia has ratified some international human right laws which require the state to respect the right to life and prohibit torture and cruel, inhuman or degrading punishment. How should the state react? this article argues that an alternative approach which is able to bridge prolonged polemic between universalims and cultural relativisms with regards to the validity of international human rights norms when being implemented to different legal cultures is very much needed. This is important in order to reduce resistence against international human right laws which are important to safeguard civil rights especially when the criminal justice system of a country has not fulfilled the due process of law.

Justice is the ultimate objective of any judiciary system. The absolute justice is only belongs to Islamic judiciary system. However it is highly dependant on the quality of the implementation methodology that man could produce. In the Islamic judiciary system, especially to convict a zina, there are various methods in establishing evidence. Some of the methods are unanimously accepted while some others are not unanimously accepted. Al-qarinah is among those which are not unanimously accepted by the Islamic jurists. The Islamic law is actually dynamic. The dynamism lies on its flexibility, which is the main characteristic of the law itself. It is because the fiqh law is not isolated from reality, but derived from the analysis on the contemporary environments. The development in science and technology has changed the human civilisation and perception towards life. The development of knowledge in producing evidence scientifically such as DNA test, fingerprint etc. coupled with the more complex criminal behaviour, demand us to take a detailed and in-depth study to determine the status of al-qarinah in the contemporary Islamic judiciary system in order to make sure an Islamic law is relevant and effort to give a justice and positive perception among nation toward Islam.

Local wisdom or in terms of fiqhi is called al-urfis something that is a customs and traditions of a society in the form of words or deeds or things leave something .Local wisdom or tradition,which does not contradict the basic principles of the teaching of Islam may be regarded as confir med as the shari’a law. The priests madhahib many legal opinion based on the consideration of local wisdom (al-‘urf). In Indonesia there are three theories that are commonly used to keep the customary law and Islamic law ,namely:Receptio in complex theory ,Receptie theory and Receptio a contrario theory .Local wisdom has played an important role towards the establishment of Islamic law in both the establishment and enforcement of Islamic law .Some scholars deter mined requirements to make the local wisdom (‘urf) as a source of Islamic law (1) local wisdom apply in the majority of cases occuring amongs the people and its implementation embraced by the majority community ,(2) ‘urf existed before the emergence of cases which would set the law ,(3) local wisdom is not contrary to clearly expressed in a contract, (4) local wisdom does not conflict with nash.

Terminologically, the term of terrorism is not found in Islamic knowledge treasures. However, terrorism as an action has occurred along the Muslim history. This writing tries to trace concepts that contain meanings of terrorism in Islamic law. Examples of the concepts are al-irhâb (irhâbiyyah), al-hirâbah (robbery), al-baghy (rebellion), qâthi‘ al-tharîq or quththâ‘ al-tharîq (hijacking), and al-‘unf (an antonym of gentleness). Actions meant in such concepts are categorized as terrorism because they bear violence, cause people’s panic, material and physical damage, and have political aims. Such terror actions, even if they are committed based on Jihad order, such as murder, hijacking, bombing, robbery and intimidation are forbidden and can not be legitimized because they are contradictory to Islamic teachings which forbid acts of damaging in the earth, to the principles of al-dlarûriyyât al-khams (preserving five human basic needs), humanity, justice and deliberation in Islam.

This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial government tends to put heavy emphasis on symbolic religious issues (such as the Islamic dress code and the usage of Arabic signs and letterheads), rather than the substance of Islamic law such as justice and prosperity for all. Finally, the study has made evident that implementing Islamic law is never a good method of attempting to resolve conflict. There is no need to establish Islamic law formally through the political process because, when politics enters in religious arena, it carries with it many interests.

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Makalemizde temelleri vahiy dönemine kadar uzanan ve cezaların ıskatında müessir olan şüphe unsuru ele alınacaktır. Sanığın korunmasın"ı amaçlayan ilkenin unsurları ve masumluk karinesiyle bağlantısı üzerinde durulacak, konu hakkında farklı mezhep görüşlerine yer verilecek ve ilkenin modern hukuktaki yri üzerinde ayrıca durulacaktır.

The two major political coalitions in Malaysia are Barisan Nasional (BN) and Pakatan Rakyat (PR), which are dominated by the Malay-Muslim majority. During the 13th national election, to gain public votes, the government used mainstream newspapers to frame Islam-related issues. This research focuses on the characterisation and information reported about Islam and Muslims during the 13th General Election. Using content analysis, we examine the coverage of such issues by the mainstream newspapers: Berita Harian, Utusan Malaysia, New Straits Times, and The Star. This analysis aims to provide a holistic review of the scope of the coverage during the period with a focus on how the Malaysian government framed Islam-related issues through the print media in order to gain the Malay votes. A total of 178 news articles were analysed, from which we found that 15 dominant issues were reported in the newspapers during that period. Among the most frequently reported Islam-related issues were hudud(prescribed punishments), Islamic state, and kalimah Allah (the word "Allah"), which were predominantly covered by the Malay newspapers. In addition, the data indicated that most of the news were inclined towards supporting the ruling coalition, i.e., Barisan Nasional. [ABSTRACT FROM AUTHOR]

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The Islamization of Pakistani law started at the end of the 1970S under the Stimulus of the executive and has continued in subsequent decades mainly through the judiciary. Increasingly, Pakistani High courts, and later on Islamic appellate courts, have applied uncodified šarīah principles to supplement and, at times, contradict codified law, particularly in the field of family matters and sexual crimes. On the basis of court records, the author reviews first, the religious sources referred to by the judges and, second, the implications of their religiously inspired "judicial activism", with a focus on the interaction between the Zinã Ordinance and the Muslim Family Law Ordinance. The author argues that the enforcement of Islamic laws has been traversed by two opposite tensions-towards systematization and complexity-and that a traditional discourse based on the nuances offiqh can either improve or worsen women's Status depending on the sources referred to by the courts. [ABSTRACT FROM AUTHOR]

Justice is the ultimate objective of any judiciary system. The absolute justice is only belongs to Islamic judiciary system. However it is highly dependant on the quality of the implementation methodology that man could produce. In the Islamic judiciary system, especially to convict a zina, there are various methods in establishing evidence. Some of the methods are unanimously accepted while some others are not unanimously accepted. Al-qarinah is among those which are not unanimously accepted by the Islamic jurists. The Islamic law is actually dynamic. The dynamism lies on its flexibility, which is the main characteristic of the law itself. It is because the fiqh law is not isolated from reality, but derived from the analysis on the contemporary environments. The development in science and technology has changed the human civilisation and perception towards life. The development of knowledge in producing evidence scientifically such as DNA test, fingerprint etc. coupled with the more complex criminal behaviour, demand us to take a detailed and in-depth study to determine the status of al-qarinah in the contemporary Islamic judiciary system in order to make sure an Islamic law is relevant and effort to give a justice and positive perception among nation toward Islam. [ABSTRACT FROM AUTHOR]

ABSTRACT The goal of this essay is to illustrate how Ebrahim Moosa's method of 'contrapuntal reading' can be applied fruitfully to the Sunni hadith literature. My case study is the set of penalties ( hudud) for illicit sex, which include flogging, stoning, and banishment. I propose a fresh reading of these sacred texts that brings to the fore the ethical dimension of Prophet Muhammad's conduct, especially his strong reluctance to apply these measures. I conclude by identifying four ethical problems that the stoning penalty raises and suggest how the hadith literature can be read to argue against the validity of this specific punishment. [ABSTRACT FROM AUTHOR]

Legal maxims reflect settled principles of law to which jurists appeal when confronting new legal cases. One such maxim of Islamic criminal law stipulates that judges are to avoid imposing hudūd and other sanctions when beset by doubts as to the scope of the law or the sufficiency of the evidence (idra'ū'l-hudūd bi'l-shubahāt): the "hudūd maxim." Jurists of all periods reference this maxim widely. But whereas developed juristic works attribute it to Muhammad in the form of a prophetic report (hadīth), early jurists do not. Instead, they cite the maxim as an anonymous saying of nonspecific provenance in a form unknown to hadīth collectors of the first three centuries after Islam's advent. This difference in the jurists' citations of the maxim signals a significant shift in claims to legal authority and the asserted scope of judicial discretion, as jurists debated whether and how to resolve legal and factual doubt. While political authorities exercised increasingly wide discretion over criminal matters and used it to benefit the elite, most jurists promoted an egalitarian "jurisprudence of doubt" through insisting on criminal liability for high-status offenders and heightening claims of the authoritativeness and scope of the hudūd maxim as a hadīth. [ABSTRACT FROM AUTHOR]

This article is devoted to a tradition about the stoning of a pregnant woman from Juhayna said to have voluntarily confessed to adultery before the Prophet Muhammad. In my analysis I follow the internal development of the tradition and try to uncover the earliest authorities who put it into circulation. Insofar as the tradition about the woman from Juhayna refers to external narratives, I attempt to establish a relative dating of the tradition with respect to other instances of voluntary confession to adultery found in various legal corpora. In terms of methodology I follow the method of isnād and matn analysis, which, in my view, is a useful tool for tracing the development of Muslim traditions. As appropriate, isnād analysis is supported by information derived from a number of biographical dictionaries, ranging from Ibn Sa'd (d. 230/845) to Ibn Hajar al-'Asqalāī (d. 852/1449). [ABSTRACT FROM AUTHOR]

This paper challenges the traditional conception of Islamic criminal law and provides alternatives to the rules of criminal procedures that are both compatible with modern life and the sprit of Shari'ah. The first part of the article provides a brief explanation of the four main sources of Islamic law. The second part focuses on the different classifications of crimes in Islamic law and explains Shari'ah's classical rules of evidence. It gives answers to some complicated legal questions by examining the law's underlying rationales. For example, the author challenges the conservative view that calls for the imposition of the death penalty onto apostates and clarifies that such punishment has no foundation in Shari'ah. He also explains why, from an evidentiary standpoint, the crime of rape should be qualified as haraba as opposed to zina, which both entails a harsher penalty for the perpetrator and more lenient evidentiary requirements from prosecutors. Finally, the author contests the traditional stream of Islamic thinking by arguing that in criminal matters, the testimony of female witnesses should be equal to that of males and that in hudūd crimes, scientific evidence should be given the same status as the testimony of eye witnesses. [ABSTRACT FROM AUTHOR]

The Musannaf of Ibn Abī Shayba provides unparalleled access into the legal thought of the "Companions of hadīth" in 2nd/8th and early 3rd/9th century Iraq. This article consists of a quantitative analysis of 3628 narrations found in the Musannaf in the books on zakāt, divorce, and hadd crimes. It demonstrates that the Prophet Muhammad was an important authority in the Musannaf, but that he appears in only 8.7% of the narrations examined. Furthermore, it shows that the "Companions of hadīth" relied upon the legal opinions of many of the same Companions and Successors whom Joseph Schacht identified as the primary authorities for the "Companions of ra'y". It also identifies a division within the "Companions of hadīth" between those who, like Ibn Abī Shayba, categorically reject the opinions of post-Successor jurists, and others who accept them. [ABSTRACT FROM AUTHOR]

The regulation of masculine and feminine sexuality by the Classic Muslim law doesn't respond to moral or procreation concerns, nor even to preservation of an hypothetical “Natural order”. It responds, rather, to the preservation of social order. Therefore, different punishments against sexual transgressions are thought to being strictly applied with harm degree that those transgressions produce. The present article presents this thesis in the context of two axes : the links between fisq, space and sexuality and the relationships between masculinity and sexuality. [ABSTRACT FROM AUTHOR]

An important Islamist opposition party in Malaysia, Parti Islam SeMalaysia (PAS), asserts its respect for democratic procedures. At the same time, PAS remains dedicated to the formation an Islamic state, even if the dimensions of this construct have not yet been specified. This article tries to gauge the extent of PAS's commitment to democracy, a task made difficult by the fact that while the party has regularly contested general elections, it has never won, thus producing no observable record of tenure in office at the national level. The analysis then turns to Malaysia's regime type and change, PAS's avoidance of anti-system strategies, the compatibilities between Islamist aims and democratic procedures, and the competitiveness of PAS's internal party elections. [ABSTRACT FROM AUTHOR]