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PDF | The analysis of the relation between Politics and Hawza in general, announces his authority by publishing his Risalah Amaliyah Book. A Study of al-Risalah al-Bahirah. Boustan Hirji. A thesis submitted to the. Faculty of Graduate Studies and Research in partial fulfillment of the requirements for. by Shi'i mujtahids in their responsa (tawzih al-masa'il or risalah 'amaliyah). The refiguration of jinns as microbes consolidated the transformation of the notion of.


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He views that the Quran was meant for all humankinds in all times, it contains meaningful particularities in order to be embraced by the Arab society to whom when it was revealed. In the Muslim world, particularly in the Middle East, these situations seem so real. In the ha nds of the Prophets, the principle of recognizing the oneness of God and denying the divinity of others except Him alone was like breath taken continuously in every step of human life. Download risalah amaliyah apk for android safe and virus free download from mobomarket. Hospitals aimed in the first place to make people healthier, but it turned out to be taken care of by people who are ill themselves.

In a Hadith it is affirmed that every human being was born on fitrah nature , but then both parents and social environment led human beings out of their nature.

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With this spirit of God, human is called a human. That is human real existence. Humans are able to capture the divine messages because of their spirit and their capacity to spread them in the real life as social beings. They are brothers because they come from the same soul al-ukhuwwah al-basyariyah , and therefore h um a n should love each other, respect each other, and help each other in a l l spheres of life. It is very unnatural if people hate each other and kill each other or humiliate, degrade, and enslave other people because they in fact come from the same soul, the spirit of God.

It also works as the purpose of life for all of humankind. Musthafa al-Bab al-Halabi, n. Humans are not required to eliminate the hayawaniyah lust; rather they need to seek the balance between the dimensions hayawaniyah-zhahiriyah and ilahiyyah-batiniyyah. These two dimensions act to render human life into a dynamic, creative and innovative one in order to carry out the duties necessary for the prosperity of the earth as caliph.

In the Q. Angry is actually not a bad trait. It becomes bad if not balanced with the nature of affection. The nature of revenge actually is not a bad trait for God also has revenge as a trait in Him. It becomes bad if it is not balanced with the nature of forgiveness. Viewing anger, resentment, stingy, envy, jealousy and so on as bad traits are not appropriate. The traits are bad only if they are not balanced with the opposite ones.

Similarly, people who only have knowledge would be very dangerous if it is not being balanced with wisdom, because not all of the information to be known to others. Sometimes some knowledge just makes people sick, desperate, or regretful. It becomes beneficial only if it is accompanied by wisdom. For example, when God deals with people who are in a state of emergency, urgency and need, God uses the nature ghafurun-rahim forgiving and merciful.

But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Compare that with another event when God deals with people who potentially abuse the power given to him, God pin the nature of aziz-hakim the Mighty, the Wise for Himself.

Why not ghafur-rahim the Forgiving, the Merciful? Thus, to balance and put right the nature of fujur wa taqwa is a manifestation of humanity itself. Indeed, if humans are able to conquer the nature of hayawaniyah, then what is left in them is the nature of uluhiyyah. At that moment, humans lose the nature of their humanity, and the divinity takes its place. However, it will be an impossible task for humans. It is the will of God and He wants humans to remain in the nature of their humanity.

Humans should not fall into bestiality, and conversely should not rise up into divine nature as well. Sophisticated, even super-sophisticated, products of technology have comforted human beings in meeting all they want and need. People even indulge in it. Jobs run by muscles in the pas t centuries disappeared as they have been replaced by machinery and othe r human-made technologies. The result is that social relations, which are built on community togetherness and solidarity, slowly but surely erode.

H umans gradually feel alienated from themselves and society. This human individualistic attitude gives birth to the social problems that stem from the distrust of our fellow human beings. It adds to suspicion and competition over interests, and furthermore intensifies social inequality, economic, and political prejudices among humans. In Indonesia, the inequality is evident, especially in social, economic, and political areas. This imbalance has created social barriers and raises the split which already potentially existed in ethnicity, race, class, creed and religion.

Potential friction was compounded by the emergence of class fanaticism, as well as in race, creed and religious views, coupled with religious truth claims that adorn the media, television screen, speech forums and pulpits. It is characterized by the emergence of a spirit to power, to amass unlimited wealth as if one may live forever.

A person may seem physically healthy, but God knows he or she may suffers from pains in soul; he or she may suffer inside. In addition, there are also diseases of heart, trivial ones, often not considered diseases, b ut t hey are, such as willingness to be respected but disrespect others, willingnessto receive gifts from others but reluctant to give back in return, willingnessto lead others all the time but never prepared to be led, a love to criticize others but never ready to be criticized, feeling proud when people thank them but never be happy to thank others, love to be praised but never praise others, and so on.

Hospitals aimed in the first place to make people healthier, but it turned out to be taken care of by people who are ill themselves. Education aims to create a brighter generation, who are healthy, intelligent, dignified, good mannered and competent, but it turns out to be led by people who are themselves not healthy and dignified. These are social diseases every committed Muslim need to heal. Within this short span of time, he raised the humanity long buried in the valley of immorality, enslavement, and social inequality, t o a much better position.

It was initiated by one paramount cause, that is, that he led with love. Love is capable to change hearts, arid becomes cool, wild temperament become tame, even death into life. Jalaluddin al-Rumi, a poet and great sufi, illustrates the power of love as follows: He does not want his people in misery and hardship, socially, economically, or religiously.

He also did not want his people humiliated before the dignity of humanity. Therefore, he struggled against slavery and pursued to eliminate it from the face of the earth. Prophet also did not want shame and nakedness of his people open to public. Therefore, he worked hard to do all possible in his reach so that all dismercys of his people be covered by their own repentance or prayer of forgiveness. His love as a leader is not only uttered in words, but also with real action.

He was obeyed not because of his power and influence, nor because of the ability to determine the fate of his people, but because his love is evident in all aspects he led. This is narrated in a Hadith as follows: That is my duty.

Nevertheless, he did not hesitate to kiss the blackened, blistered, and rough hands of one working as a stone crusher. He gave an example of how to lead the people with love, instead of arrogance, anger, hate and revenge.

The Prophet was more than happy to forgive than to punish, as he was more pleased if his people asked to repent to God rather than reveal the guilt in front of the others.

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In some books of Hadith compilation, a story about the magnanimity of the Prophet was narrated as follows: After clarification, he commanded all Sahabah companions of the Prophet to pelt him. Finally, he fled. Maktabah Salafiyyah, t. Dar al-Kutub al-Ilmiyyah , vol.

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So it is unlikely that the Prophet kissed his hands after Tabuk. Citing Ibnu Hajar, Syaikh Abdul Hayyi al-Kattani saying that in this hadis lies a remarkable story, that is, a kiss by the Prophet to the one working hard by his own hands to sustain the lives of his family.

The news reached the Prophet. Leaders with this spirit of love are the ones we all currently need, not the ones filled with hatred and vengeance, whose spirit to master and punish, nor leaders who save for themselves happiness and prosperity, while their people stay miserable.

When the Prophet was asked about how the best leader can be found, the Prophet answered as follows: As for the worst leaders are those who hate you and you hate them, they curse you and you curse them. Dar al-Wathan, , vol. The leaders needed today are not only the tough and trustworthy, but also the ones loved by their people and ready to pay back their love as well.

Love does not mean letting people behave as they please as this could actually endanger their own life and the life of society as a whole. To love is to lead with compassion; gentle, humble, fair and prepared in heart to give everything to the benefit of the people, not only here and now but also there and later. People who uphold justice have a very high position in Islam; they are called the people with the straight road shirath mustaqim.

They are those whose works will be lost in this world and in the Hereafter, and they will have no helpers. The command to do justice thus should not be treated as mere recommendation al-irshad or suggestion al-Nadb , but as mandatory in nature li al-wujub.

The command to do justice is not equivalent to the command to get married, eat-and-drink, or to wear certain costume on a certain occasion.

All these last mentioned commands are only suggestions li an-Nadb. The importance of command to do justice is also indicated by the statement expressed in every Friday sermon: An-Nisa, 4: If he is rich or poor , then God knows better both.

So do not follow your own desires and deviate from the truth. Fair treatment in the entire regions of human activities might prevent unjust, arbitrary, and repressive acts, as well as violent and unnecessary coercions. Justice will bring love, and love gets all efforts closer to embodiment of justice. Be just: This verse is related to the attitude of Jews whose opposition to the Prophet was harsh.

Hatred against others, either because of personal, political, economic, cultural, and religious factors, often leads someone to act inappropriately. This verse is often recited in many occasions but its instruction is rarely implemented.

The problem lies precisely in the interpretation of those phrases. The so-called fair in space and time is not necessarily fair in a different space and time. Therefore, it is necessary to reinterpret constantly, both in micro and macro scope, the core concepts of Islamic teachings. For instance, justice in the case of polygamy: Everyone must have their share in opinions.

Very often, erroneous understanding occurs when the historical context of the text is ignored. They were anxious because previously many companions, both living and deceased, drank alcoholic beverage. After the verse revelation, there is no dispensation to drink wine for any body, including those who are faithful and the most God- fearing ones and the good doers. For example: Muawiyah once wanted to appoint Yazid caliph after him.

He later wrote a letter about his wish and sent it to Marwan, a governor in Medina at the time. Marwan then collected and encouraged people to pledge allegiance to Yazid after the death of Muawiyah.

Abdurrahman Bin Abi Bakr refused allegiance to Yazid. Seeing this, Marwan almost did violence against Abdrurrahman because he referred to verse al-Ahqaf, Aisha was luckily there, she explained that the rebellious child referred to is not Abdurrahman ibn Abi Bakr, but someone else.

For example, as narrated by Abu Hurairah, a Hadith says that women are the sources of bad luck, similar to houses and horses. Actually, at that time, the Prophet was condemning the views of Jews who say that the sources of misfortune are women, home and horses. Abu Hurayrah was late entering the majlis learning circle of the Prophet and only heard the last words of the Prophet. Abu Hurairah lost initial context of it and cost him a mistake looking at the issue.

Darul Fikri, nd.

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Dar Thayyibah, nd. Mansyurat al-Ashri al- Hadis, nd. Al-Syatibi said: If not, they may fall into the maze of texts, and may experience problems not easy to solve.

That is, the guiding text is limited in quantity, not sufficient in coping with all obstacles, while humanity continues to face problems without an end. For example, verses regulating prayer, fasting, charity, 42 Ibrahim bin Musa al-Syatibi, al-Muwafaqat fi Ushul as-Syariah np.: Its lack of understanding can create the very literal- formalistic products that do not touch the substance of the law. Al- Syatibi in al-Muwafaqat said: Ijtihad, when based solely on the text will bear verdicts void of human values.

To meet the requirements of text analysis, Usul Fiqh offers incredibly complex and appealing linguistic rules. For example, in lafzh word categories such as: Its meanings are abundant like water of the ocean trapped in the crevices of the text which can only be read by someone competent and has rich variety of theories. Usul Fiqh is the science that provides those theories of the text analysis.

Eminent scholars such as al-Ghazali d. Although their concept of Maslahat still seems theocentric, but there is a speck of light that we can use as a lantern to build a more humane Maslahat and give a kind of assurance that Islam indeed aims for the welfare of all humankind.

Thus, an urgency to understand the text by combining the text and context has actually been called by almost all scholars, both classical and contemporary. This tendency has led the literal understanding of religious texts becomes more popular. Theoretically, ijtihad is divided into three categories, namely Ijtihad Bayani or al-ijtihad min an-nushus, Ijtihad Qiyasi, and Ijtihad Ishlahi. Ijtihad Bayani is directed on understanding the contextual text.

This Ijtihad necessitates a mujtahid to master the four things, namely: Asbab an-Nuzul or reason behind the text.

It may come either because specific reason khash , general am , or emergent present situation asbab an-nuzul al-jadid.

It is because many verses and Prophetic traditions cannot be understood except by linking them with other verses or Hadith which comes before or after those verses or hadith. That way that it does not become disoriented, and that the purposes of the whole building of Islamic law can work and be benefitial as hoped.

The task of a mujtahid is not only ijtihad bi takhriji al-manath, but also ijtihad bi tahqiqi al-manath, namely to communicate and interlink the message and meaning of the text to the reality. Therefore, it is not correct that ijtihad can only be done to the texts in the category of zhanniy al-dalalah conjectural religious evidence. As a result, the formulation and implementation of Islamic law is not felt in reality and do not take the objectives of Islamic law into account.

This chapter will discuss how Islamic law can be made and implemented in line with its philosophy so that the objectives of Islamic law can be attained in this changing world. The question arisen here is do these terms refer to the same notion?

All three refer to the same meaning. This anxiety was roughly formulated in the following questions: The next questions arose: If it can be changed, which law?

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Fiqh is a kind of Islamic law with its arguments gained through intellectual reasoning istinbath- ijtihad from the conjectural sources zhanniyyu ad-dalalah. In this regard, scholars of Usul Fiqh outline the rule la ijtihada muqabatali an-nass no ijtihad before the definite texts. The Islamic law of fiqh category has several distinctive features as follows: It is normative and moralistic, in the sense that all the provisions of fiqh aim to uphold the primacy of morality and noble character in order to create stability in human society.

Proportional, it protects individual and collective benefits intact and balanced. When contradiction occurs between the two, it chooses collective benefit to be at front. It is elastic and flexible. Fiqh, as the product of ijtihad, tends to change and to be disputable.

It is both dunyawiyah earthly and ukhrawiyah heavenly in its nature, in the sense that obedience or violation in the implementation of fiqh law has both good and bad implications in the world and the hereafter. It is contextual, relative, temporal, and local, in the sense that verity in fiqh is related to time, place, and all circumstances and conditions.

Meanwhile, Islamic law of fiqh category is quite the opposite, because it is local mahalliyah , temporal waqtiyah , situational zamaniyah and alterable al-mutahawwilat wa al-mutaghayyirat.

Or a mix of all? Welfare, happiness, and goodness are at the peak of all the legal procedures. No single legal provision was arranged for purposes other than that. Here are some of the known definitions. Allal al-Fasyi: Ibn Assyria: IIIT, , p. Some other scholars define: Abdul Malik al-Juwaini d. Al-Maslahah linguistically also means the opposite of al-mafsadah damage. An unabridged dictionary of Indonesian language defines the word maslahat with something positive welfare, etc.

Thus, maslahat means benefit, usefulness, kindness, and necessity. Dar as-Salam, , p. And their husbands have the better right to take them back in that period, if they wish for reconciliation There are definitions of al-mashlahah in Usul Fiqh which have a wide variety of versions but contain the same substance.

Some of them are as follows: Hujjatul Islam, Abu Hamid al-Ghazali d. Every case containing these five things is maslahah, and everything that negates these five things is mafsadah. Eliminating mafsadah is also part of maslahah itself. Maslahah meant by al-Ghazali is not the one perceived by human reason, because this model of maslahah solely oriented to achieve the time-based goals of human life, not the one oriented towards achieving a lasting benefit of here and the hereafter.

Al-Ghazali seems to prefer the two to be combined, although in the end the weight of his attention is to the benefit of the hereafter. Imam al-Syathibi d.

Dar al-Kutub al-Ilmiyyah, n. Furthermore, Maslahah divided into two: However, through reading the concept he proposed, it can be seen clearly that both two categories can be used as source of legitimate law.

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Yusuf Hamid al-Alim, a scholar in Usul Fiqh, after revealing some definitions of a number of scholars, gives the definition of Maslahah in 49 Asy-Syathibi, al-Muwafaqat, p.

It is even more conservative, especially when compared to the definition put forward by ath-Thufi. It means nothing but the realization of the benefit of all humankind, both in the world today and in the eternal life in the hereafter. Humanity benefit would be realized if all necessities, of primary-elementary ad-Dharuriyat , secondary-complementary al-hajiyat and tertiary- supplementary at-Tahsiniyat are met and protected.

In addition, these objectives can also be known through texts that explain the 51 Yusuf Hamid al-Alim, al-Maqashidu al-Ammah n. Dar al-Amaliyah li al-Kitab al- Islami, , p. The concept of al-Hifzhu to five or six necessities in this case is understood as the prevention and just-in-case defence. According to him, al-Hifzh refers to two aspects: Thus, in addition to its preventive side, al-hifzh in ash-Syatibi concept also contains curative side. Keeping the faith hifzh ad-din.

Keeping the life hifzh an-nafs. Maintaining reason hifzh al-aql. Maintaining descendants hifzh an-nasl. The concept of al-hifzhu offered by ash-Syatibi is more advanced compared to the previous concepts of al-hifzhu which only covers preventive measures. While the concept of al-hifzhu by Jasser Ouda developed into al-haqqu the right , making a paradigm shift from the keeping of something into a right to have something.

Jaseer, as quoted by Amin Abdullah, outlines the progress of al-hifzh as follows: Hifzhu ad-din must be understood as an effort to maintain, protect and respect freedom of religion and belief. Hifzhu an-nafs keeping the soul into haqqu wa al-nafs al-hayat the right to life and to live. Hifzhu an-nafs must be oriented to protect the family and designed to give concerns to the institution of family.

Hifzhu an-nasl keeping offspring into haqqu at-tanasul rights to have family and to reproduce. Hifzhu al-mal maintain the property into haqqu at-tamalluk wa al- milki rights to ownership of estate and property. This concept of rights is seen as more accommodating to the fulfillment of human needs rather than al-hifzhu, because al-hifzhu is the protection born out of will from the other parties whogive protection, while al-haqqu right is the awareness that something belongs to someone whose inherent rights are to be protected.

The basic rights of citizens to be accommodated by the State are mandatory, not voluntary. The study of this theory has come to this moment that some of its key concepts have evolved rapidly.

After al-hifzhu evolved into al-haqqu, now the concept of al-hurriyah freedom is thought more likely to be discussed with the new awareness of Human Rights. Al-hurriyah is freedom to perform activities so long as they are in line with their already built-in responsibilities. But there is no responsibility whatsoever for anything in which no freedom to choose. Accordingly, those two things must be protected by religion. Thus, Islam provides the concept of al-hifzhu protection.

Religion protects the rights and the freedom of religion, of thought, of life, of reproduction, of ownership, and also, the rights and freedom to be respected as human being. Principles of the Application of Islamic Law Islamic law has a number of principles so that the purposes of its application can be achieved.

According to Khudari Bik, there are three principles that form the basis for the application of Islamic law, namely: Dar al-Fikr al-Islami, , pp. Lay not on us a burden greater than we have strength to bear.

Ath- Thabarani. This means that Islam provides convenience to its followers to implement all the provisions in accordance with their capacity. The entire teachings and rules brought by Islam not out of human nature fitrah. Dar Ibnu Taimiyyah, , vol. From this principle of eliminating the difficulty, various legal waivers rukhsah were introduced. For example, for those who are ill or traveling may not be fasting, eating haram for a person in a desperate condition can be permissible, tayammum ablution not with water but sands , forgiveness in certain penalties, diversion of sanctions and others.

If too many rules are given, then the space of activity will be cramped and difficult. If more rules of law are prescribed, more violations may occur. Ask not about things which, if made plain to you, may cause you trouble.

Before you, a community asked such questions, then on that account they became disbelievers. If it is already mandatory, you will not be able to execute it. And, if you are unable to perform, you must deny it. Some of these traditions are maintained, while others must be abandoned. With this approach, Islam can be accepted to the Arabs at the time. Instead, he initially invited his companions secretly to embrace Islam.

When preaching in Mecca, he used two approaches, namely covertly and overtly. Muassasah ar-Risalah, vol. Whenever an event or a particular celebration occurs, surely there alcoholic beverages are served. To discourage people from drinking alcohol, Islam doesnot directly prescribe the ban, but through the specific stages until it is absolutely forbidden for consumption.

In Medina, the verse about alcohol was revealed again. Muassasah ar-Risalah, , pp. One day Abdurrahman bin Auf made a feast for the community in the form of food and alcohol as a serve. All were present in the banquet and drank.

Until it was time of maghrib, those who were still drunk went to pray in congregation. As a result, the reading of prayer became erratic and disruptive.

Approach not prayer with a mind befogged, untill ye can understand all that ye say. They drank only after Isha prayer and up until just before dawn. When it was dawn, they were already clearheaded. Muslim society was still drinking wine up to that time. Once Uthbah bin Malik entertained the public, both the Muhajirun Emigrants and the Anshar Helpers , with camel meat and alcohol beverages.

When in the end all were drunk, the situation became uncontrollable. The companions then complained about the incident to the Prophet. Lessons can be drawn from the above is that to eradicate malevolent already ingrained in the society should be done gradually. Dar Ibnu Abbud, , vol. Besides proving that the purpose of law is for human benefit, these scholars also found that the benefit itself is two kinds: Al-Syatibi, a scholar in Maliki School of law. In Fiqh, what is meant by haq is everything declared as being owned by Allah or somebody but is in responsibility of others.

Dar al-Hadis, , pp. It must always be conducted in accordance with the manner and purpose of its enactment. Humans as a legal subject should implement the provisions of the law accordingly.

They may not underestimate or, even more, cancel it. In any way whatsoever these laws should be implemented and cannot be contested by any individual. The purpose of these rituals is none other than for the sake of establishing piety. Enactment of these essential parts of religion is a prerequisite for the creation of a peaceful and serene society. On the other hand, it has financial dimension, because the zakatnot only involves the person who gives zakat, but also those who become financially dependent on that person.

Kharaj payments are charged to non-Muslims as security costs being in the compound of the Muslims. The offenders are penalized in these sanctions which have in 68 According to Abdul Wahhab Khallaf, included in this catagory is not only zakat fitrah, but also zakat mal because, zakat is not only obligatory for the adults and the conscient, but also for children and non-conscient like mentally ill adults as most scholars jumhur ulama agree on.

It is not obligatory for Muslims. The rational argument is that every non-muslim trader who traveled from one place to another at that time needed assurance to their safety and security of their belongings. For that reason, the regions where these traders entered may have compensations to issue assurance for their safety and security. Dar as-Salasil, nd. Because its nature is individual, then such rights are given to one possessing the rights.

For example, in the cases of debts, the creditors are entitled of being paid back for the money they lend. However, creditor may also liberate the debt.

On the other side, had qadzaf has personal benefit by eliminating the blemish that afflicts those accused of adultery and restoring their reputation. However, the first side is more prominent than the second, so that the sanctions cannot be invalidated by the person as an individual.

It is treasure gained through wars against infidels. Dar al-Kutub, , p. The purpose of this sentence is to maintain human survival and to reduce crimes, butin qishas, there are also the Rights of Human welfare of the individual that may reassure the family of the victim with the killer being executed accordingly.

However, even if the perpetrators is forgiven, it does not mean that the perpetrator can be completely free from punishment. Had qishas is different. They can ask qishas to be implemented or aborted by forgiving the offenders. The court may still replace it with another penalty. But these three are put in different positions.

Therefore, if there is argument that the law of had on theft and adultery can be aborted, then it is classified as a legal dimension of the Rights of Human. The problem, as mentioned above, is their difference in definitions, categories, and implementations of both types of rights in the categories of criminal penalties. In a brief discussion by some Muslim scholars a question arose: Uqubah is part of discussion in jarimah criminal act and jinayah criminal law.

These prohibited acts could be the abandonment of obligation or the violation of what is prohibited. Any other prohibited acts with no specific punishment stated above is not categorised as jarimah.

There are ulama Muslim scholars who argued that jarimah is synonimous with jinayah in the case where jinayah is defined as any violation of six basic human needs ad-dharuriyyah al-sittah , namely: There are four categories of jinayah and jarimah, when they are defined as synonimous, namely: Human rights are related to individual rights in society.

These communal wellbeing includes: Muassasah ar-Risalah, , vol. They are: This can be enough evidence to nullify the types of punishment which are still being disputed. This is in line with fiqh jurisprudence rule called: This argument is in line with fiqh principle: One thing should be noted that all those easiness of asking repentance by no means neglecting the rights of the victim affected by those committing crimes.

And if any fail to judge by the light of what Allah hath revealed, they are no better than wrongdoers. The law of equality is prescribed to you in cases of murder: But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord.

After this whoever exeeds the limits shall be in grave penalty. However, the last part of the verse suggested to forgive. Al-Thabari, the famous exegete, has an interesting opinion on this issue, he said: A concession and mercy from God is far more important to be considered by the believers than retaliation to the perpetrators and their family and clan.

Giving forgiveness is encouraged and appreciated without ignoring the rights of the victim to claim justice. This could mean that legal proceeding continues while forgivenness have been given, to provide balance in the rights of the victim and the perpetrator.

Intentional murder in the case that the kin of the victim forgave and asked for diyat payment. Dar Al-Fikr, n. Unintentional murder, by accidence or like an accident al-qatlu al-khata au syibhu al-khata. For example is an unintentional killing committed by a child or an insane person. Amputation, injury and removal of limbs. During the Prophet Muhammad time, the amount of diyat for those who own the camel is equal to camels, and for those who own the cattle is equal to cows or sheeps.

For those who own gold should pay equal to Dinar, for silver is equal to During the Caliph of Umar bin Khattab, he waived the diyat payment of camel due to its high price. Several ulama stated that the above mentioned regulation of diyat payment is meant for male only.

Diyat payment for female is half of the above regulation. Al-Anshari, Fathu al-Wahhab, vol. Dar al-Fikr, n. How about cutting two fingers? She should pay 20 camels, for three fingers is 30 camels and for four fingers is 40 camels.

However, this opinion is unpopular and even rejected by the majority of ulama. In fact, the opinion of Zaid bin Thabit and Said bin Musayyab should be taken into consideration as they were the companion of the Prophet and the Tabiin. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave is enough. If he belonged to a people with whom ye have treaty of mutual alliance, compensation should be paid to his family, and a believing slave be freed.

For those who find this beyond their means, is prescribed a fast for two months running: If a man kills a believer intentionally, his recompense is Hell, to abide therein for ever: The verses above do not differentiate between diyat payment for male and female.

In the meantime, the narrations related to differencies between male and female in diyat payment are still questionable in term of its authenticity. Categories of punishment are administered by the discretion of nation state under judge or Imam. The nation state is responsible to regulate categories or types of punishment to prevent of the recurrent of crimes to create social welfare.

Immoral behaviour refers to committing acts or saying which are prohibited under religious teaching, or fail to perform religious duties. Jurists categorise the immoral behaviour under three types: The third type of immoral behaviour is subject to be imposed by discretion of judge.

The objective of discretional punishment is to create a social welfare through justice, security and wellbeing. The establishment of punishment aims to create a harmonious community. Islam stipulated different types of punishment to prevent disruption of social harmony among the members of the community, and create social stability and security. Thus, the punishment is a way wasail , not an objectives maqasid , to create social welfare, and it is flexible in nature and elastic ghoiro thubuth , while its objective is static.

One important aspect to be considered in implementing the punishment is social context. Umar consideration on this matter was based on the social condition at that time when famine stroke the nation and it was unsuitable to implement punishment of amputation of limb. Thus, in implementing the punishment, social and economic condition should be taken into consideration besides the strict regulation stated and stipulated by ulama like the case of Umar sated above; otherwise, its objective to make social welfare is unfulfilled.

However, regarding the one who did not hunt another down, but God caused death to happen by his hand, I will set apart for you a place to which that one may flee. Whoever strikes father or mother shall be put to death.

But if injury ensues, you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot,burn for burn, wound for wound, stripe for stripe. The law of stoning also has been practised in Moses era as it is stated in Leviticus chapter It is also stated in Deuteuronomy Dar al-Masyriq, , p.

If anyone slaps you on the right cheek, turn to them the other cheek also. Xavier Leon-Dufoun stated in his book Dictionary of New Testament that adultery is illicit sexual relationships between a married man and a married woman. It is forbidden according to the law because it violates the rights of husband toward his wife.

The penalty for this illicit behaviour is stoning to death for both of the perpetrator by the community for their breaching and disgracing the whole community. There were various modes of application concerning these laws on the grounds and in different contexts.

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Some of their application might violate human dignity and discrimination occured between privileged groups over the inferior in the community. Before the arrival of Islam, injustice occured regularly in the implementation of law. Kanisius, n. Besides, the amount of diyat is half of the diyat regulated for other clan. This is the spirit of Islam in seeing all those punishments which aim to eradicate all these practices. Islam, as the last revealed religion, aims to mediate between the extreme justice of Torah and the extreme generousity of Bible; between the rigidity of Jews legal formal and the Christian pouring of loving grace; and between the violent doctrines of Torah and the softness doctrines of Bible.

The Jews is a decended of Jacob who were living under an otoritarian and oppressive Pharaoh. Experiencing oppressions for long time has made the Jews to have low spirit to live and fight. Thus, God revealed the tough doctrines to awaken their spirit of life and claim their human dignity. Unfortunately, these tough doctrines have made the Jews became harsh and abusive toward others. In addition, Christian doctrines eliminate any kinds of violence and harshness of the Jews.

However, because of its softness has resulted in neglecting assertive law enforcement. Islam arrived through the Prophet Muhammad spreading the moderate teaching of its doctrines to mediate between the harshness and the softness.

But if anyone remits the retaliation by way of charity, it is an act of atonement for himself. Gracefulness without justice would make human in continous guilt.

That is a simple short question. However, the answer might differ from one into another. When Islam is defined as din al-Islam, wa as-silmi, wa al-musalamah, it means that Islam aims for peacefulness. Other opinion stated that the word Islam originated from verb word sa-li-ma with its derrivation contains as-salam prosperity , as-silmu peace , and as-salamah safety.

Thus, Islam can be defined as submission of body and soul towards God sincerely to get prosperity, peace, and safety in life. In one occasion, the Prophet stated that Islam is the witness and acceptance that there is no God but Allah and Muhammad is His Messenger; performing prayers five times a day, giving alms, fasting at Ramadhan month, and performing pilgrimage to the Baitullah.

In some other times, the Prophet said that Islam is saying the wisewords and doing charity. Islam is providing safe circumstances to others. Islam is a transformation from an evil deed, a religion that teaches moderate and tolerant doctrines al-hanafiyatu as-samhah.

Dar asy-Syuruq, , p. However, there still no one who could give satisfied definition of it because of the wide range of its dimensions. The social relations prescribed almost every aspect of life that include charity, fighting in the name of Allah to eliminate injustice and to protect women, children, and the weak, feeding the orphans, helping and ensuring safety for others, and many others related to social relationships.

Maktabah al-Qudsiyah, , p. Dar al-Ilmi, , p. In fact, its relevance for the current era is unfit with modern development of Islamic Law. Unintented murder of a Muslim: Murder of a Muslim who is considered an enemy: Murder of an unbeliever who is under peace agreement: Dar Al-Kutub Al-Ilmiyah, n.

In at-Thalaq, They said: Zaid spoke about her to him interceded on her behalf. Do you intercede in one of the prescribed punishments of Allah? He Usama said: When it was dusk. He first glorified Allah as He deserves, and then said: Now to our topic. This injustice destroyed those before you that when any one of high rank committed theft among them, they spared him, and when any weak one among them committed theft, they inflicted the prescribed punishment upon him.

By Him in Whose Hand is my life, even if Fatima, the daughter of Muhammad were to commit theft, I would have cut off her hand. He the Holy Prophet then commanded about that woman who had committed theft, and her hand was cut off. However, as we can see that there are violations on the implementation of these teachings in everyday life. For example, in Indonesia and in other contexts, currency is used for economic transaction, however, manytimes it is used as a commodity to get usury in economic transaction.

Other example is related to natural resources like in Indonesia. For example, the implementation of cutting hand for thief is incongruent when the state does not provide enough employment opportunity to give every family sufficient food to eat. There are only a small number of verses related to criminal law compared to verses related to justice, equal rights, repentance, theology and many others.

Besides, the punishment is applied only for the perpetrator whose number is small compare to the majority of decent people in the community. The Chaliph Umar bin Abdul Aziz was very humbe and wise ruler. The ruler is responsible to spread virtuous values, enhance justice, provide the need of the community, to be trustworthy and to protect the nation from any danger.

Be a father of a young adult, a child for an old man, a brother for a peer and be it for the women. Give punishment in accordance with the guilt and level of capability.

Avoid violence otherwise you become a transgressor. Muassasah ar- Risalah, H. There are 18 laws contained in this Chapter related to social relationships on how to build harmony by practicing good behaviour and avoiding bad behaviour that can destroy social harmony like zina, prostitusion and qadzaf false accusation on illicit sex. Thus, the majority of jurist agreed that the law should be implemented efectively because there is no other verse would abrogate it.

However, at that time, the condition of Muslim community has reached the peak of progress in social, economic and politics. Thus, the first responsibility to build a nation is to ensure the development of social, economic and political stability and then regulating the law on possible offences. Ad-Dar At-Tunisiyah, , vol. Is it fair to punish the student of boarding school, for example, who is late for school, while there are students and there only 30 bathrooms in the boarding?

Or is it fair to punish a thief in the situation of economic crisis when there are food scarcity to feed the family in the unstable and corrupt political situation? In the mean time, the government should also ensure to reduce zina by closing the path that lead to zina like controling places that usually become a transaction of prostitutes, protecting internet access from pornography. Thus, the objectives of zina law is to ensure that the community behaving in accordance to Islamic teachings of social behaviour and etiquettes.

These virtuous include: Dar ash-Shahwah, , p. However, they keep bothering me that way. This also can be seen from the requirements of zina law the presence of four witnesses which are difficult to provide. Amputation law for thief should not be implemented untill the government guarantee the prosperity of the people. In addition, the verse on had for thief is connected with the obligation of charity, feeding the indigent, and the prohibition of being miserly and greedy.

The objective of had for thief is not on the amputation itself but to create prosperious community and respect each other in the community just like exemplified by the Prophet Muhammad and his companions. The Prophet and his companions are the ideal role model in this context. Furthermore, their care for others in many cases more than their care for themselves. There are several hadith reported on their best relationships in caring other people which exceptionally inspiring which usually called as ithar.

During the Prophet era, the poor were worried free from any kinds of exploitation by the rich. The rich amongst them realised that within their wealth there were the rights of others by sharing them through charity.

Most of these verses were revealed in Meccan period. In addition, there were also verses advised to do justice and avoid oppression towards others.

The above explanation showed that had for thief should not be implemented until the state guarantee prosperity and welbeing for all. XIV No. They should hide their unaccepted behaviour and they should aimed at asking repentance. Regreting for what have been done is better than declaring bad behaviour. Forgive the imfliction of prescribed penalties among yourselves, for any prescribed penalty of which I hear must be carried out. However, how can the perpetrator asked for forgiveness to the victim while in the condition of anger?

According to syekh Mahmud Muhammad, an al-Azhar ulama, when the thief was caught, the community should give advice to return to good behaviour and returned the stolen goods to where it belongs. The thief can also negotiate to avoid the court. Besides, God will forgive the victim in the afterlife who is willingly forgive the perpetrator for their misconduct. Dar al-Kutub al-Ilmiyah, , vol. Muassah ar-Risalah, , vol. If the victim did not want to forgive, then the perpetrator could return the stolen goods with more expensive one or the community could intervene to do islah give solution.

The Prophet said: At-Turmudzi Based on the above mentioned hadith, the jurist then generated a fiqh directicve: According to Syahrur, the punishment for thief by amputation of hands is the maximum punishment given.

Al-Ahali, It was reported in a hadith that: A slave girl of someone visited him and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it.

He said: So they mentioned it to the Prophet saying: We have never seen anyone so weak from illness as he is. If we bring him to you, his bone will disintegrate. He is only skin and bone. So the Apostle of Allah command them to take one hundred twigs and strike him once. Abu Dawud available evidence to lessening it rather than mistakenly giving punishment while there is evidence available to lessening it.

This was the reason why he did not punish the thief by cutting his hands during economic crisis nor he punished a group of employee who stole camel from their master because he did not pay adequate salary for them. Quraisy Shihab, Tafsir al- Misbah: Lentera Hati, , p.

However, The prophet modified the punishment of zina for a man who suffered from serious illness. The thief is free from amputation by forgiveness from the victim so does the murderer. Forgiveness from the person who was accused of having illicit sex would drop the penaly for the accuser, so does for the rebel who repent and the state could consider it. These cases can be dropped even when the cases have been lodged to the court. Before God, any repentance is acceptable. A rebelious person who confessed of what has been done should not be granted punishment, although this case would rarely happen.

One of the reports statesas follow: I have committed a legally punishable sin, please inflict the legal punishment on me. Then the time for the prayer was due and the man offered prayer along with the Prophet and when the Prophet has finished his prayer, the man again got up and said: Avoid suspicion as much as possible: Would any of you like to eat the flesh of his dead brother? Nay, ye would abhor it Even the state should not form a team to spy any possible crimes because it may violate human dignity and freedom.

They approached it until they heard loud voices inside the door. Umar grab the hand of Abdurrahman and he said: So what do you think? Allah the exalted said: The Prophed said: Islam only observed an open fact without spying.

One must try to avoid prying and asking personal questions about the private lives of others. Allah has prohibited it. Dar al-Khair, , vol. Gradual method of imposing law to the community aims at easily absorbing the law by the community. Islam was also introduced step by step in the period of Mecca and Medina.

The Muslim community were initiated by giving doctrines related to faith, good behaviour and practical guidance. Later on, when the Muslim community has been stable, they are presented with legal sanctions. Umar bin Abdul Aziz is the Chaliph who reformed the law gradually in his government which previously in chaos. There were many practices that contradicted the Islamic values like corruption and manipulation before him.

The Chaliph then made significant reform step by step in every aspect of life and avoided any punishment. Why did not you implement any sanction for your people. In the name of Allah, I would not care if I have to be burned in boiling water as long as you are always keeping the truth. However, his father told him that: For God has denounced wine twice then forbid it at third times.

I feared that if I was hurry to disseminate the good things, they will disobey me and put a trial on me. He understood that his son had passionately heighten to eradicate injustice and tyrani. His son eventually with emotion stated: Dar al-Kutub al-Ilmiyah, H. In the name of Allah, I would rather choose the dissepearance of the world than blood shed because of me.

He established welfare for the people above the sanctions and punishments and create justice for all. He imposed his reform gradually and putting the rights of the people first. To be the creator of the work wherever the work should have an introduction to. Media Da wah, cet. Efa Ida Amaliyah Differentiation creature and Creator of all aspects necessitates total or culd be traced from Islamic teaching as prophet Muhammad risalah.

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Download risalah amaliyah pdf writer. So in principle at least there does not have to be a risalah amaliyah pdf creator contradiction between accepting, by the political will of a state, the decisions of an international body and the principle of non-interference.

However, when it comes to ASEAN, it is obvious that the principle is interpreted and applied quite rigidly, especially when it comes to human rights. This is one of the major reasons why pushing human rights under ASEAN has been a very difficult process [17].

ASEAN s history of interference and intervention, and its current process of integration, point to a more dynamic and flexible approach to non-interference risalah amaliyah pdf creator sovereignty than what is commonly perceived [19].

This Article is also seen as a hindrance in promoting and protecting human rights in the region.