Back to Search Start Over

Implementing the Fiqh of Disaster in Islamic Criminal Law Perspective and Legal Relevance of Mui's Fatwas during the COVID-19 Pandemic.

Authors :
Mubarak, Syaugi
Source :
International Journal of Criminal Justice Sciences; Jan-Jun2023, Vol. 18 Issue 1, p79-96, 18p
Publication Year :
2023

Abstract

Islamic criminal law has co-existed as a major legal system along with other community laws. When pandemic occurred and instinbá¾±th al hukm (fatwas) were issued by MUI, it was argued whether the noncompliance of these fatwas would be seen as a criminal offence under the Islamic criminal law. Islamic legal experts opine that kejahatan or any unlawful act that is injurious to human body, property or morals is a forbidden act and carries punishment under the category of criminal offence. This study aimed to establish how the fatwas of the MUI related to the COVID-19 pandemic in Indonesia were seen as disaster fiqh or legal maxims and whether they could be equivalent to the laws such as Law of the Republic of Indonesia, Number 24 of 2007, concerning Disaster Management; or Regulation No 21 of 2008 Implementation of Disaster Management. The fatwas of the MUI and sampled for this study were issued during 2020 and 2021. The results showed that the legal maxims in MUI fatwas during the COVID-19 pandemic were treated as a product of disaster fiqh. It was reiterated that the fiqh of disaster should be seen as a product of MUI's ijtihad and that it can serve as a guide for Indonesian Muslims to regulate themselves during the pandemic. This study contributes to providing insights into the legal principles used in MUI fatwas during the pandemic. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09735089
Volume :
18
Issue :
1
Database :
Supplemental Index
Journal :
International Journal of Criminal Justice Sciences
Publication Type :
Academic Journal
Accession number :
164973596
Full Text :
https://doi.org/10.5281/zenodo.4756206