UNDERSTANDING OF THE DEEN (AL-ISLAM)Intermediate Islamic (FIQH) course in English

Conducted by Ustaz Zhulkeflee Hj Ismail

LESSON # 6 (b)LESSON # 6 (b)

Using text & curriculum he has developed especially for Using text & curriculum he has developed especially for Muslim converts and young Adult English-speaking Muslims. Muslim converts and young Adult English-speaking Muslims.

““To seek knowledge is obligatory upon every Muslim (male & female)”To seek knowledge is obligatory upon every Muslim (male & female)”

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IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.

"O my Lord! Let my entry be by the Gate of Truth and Honour, and likewise my exit by the Gate of Truth and Honour; and grant me from

Thy Presence an authority to aid (me)”(Qur’an: Isra’: 17: 80)

Daily application of FIQHDaily application of FIQH UNDERSTANDING UNDERSTANDING

CONTEMPORARY ISSUECONTEMPORARY ISSUE‘‘Hudud’ and the Islamic criminal LawsHudud’ and the Islamic criminal Laws

Updated 28 MARCH 2015

PARTPART # 2 # 2((20152015))

EVERY FRIDAY RECITATION

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IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST COMPASSIONATE,MOST MERCIFUL.MOST MERCIFUL.

Say, (O Muhammad): "Shall We tell you who will be the greatest losers Say, (O Muhammad): "Shall We tell you who will be the greatest losers in respect of their works? It will be those whose effort went astray in in respect of their works? It will be those whose effort went astray in the life of the world and who believe nevertheless that they are doing the life of the world and who believe nevertheless that they are doing good. good. Those are the ones who refused to believe in the revelations of their Those are the ones who refused to believe in the revelations of their Lord and that they are bound to meet Him. Hence, all their deeds have Lord and that they are bound to meet Him. Hence, all their deeds have come to naught, and We shall assign no weight to them on the Day of come to naught, and We shall assign no weight to them on the Day of Resurrection. Resurrection.

Hell is their recompense for disbelieving and their taking My revelations Hell is their recompense for disbelieving and their taking My revelations and My Messengers as objects of jest.and My Messengers as objects of jest.

As for those who believe and do good works, the Gardens of Paradise As for those who believe and do good works, the Gardens of Paradise shall be there to welcome them; there they will abide for ever, with no shall be there to welcome them; there they will abide for ever, with no desire to be removed from there." desire to be removed from there."

(Qur’an: Surah al-Kahfi: 18: 103-108(Qur’an: Surah al-Kahfi: 18: 103-108) )

EVERY FRIDAY RECITATION

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Due to the development in this region (NUSANTARA), regarding the

enactment for implementation of Islamic penal code in Brunei and

Kelantan which may become politicized to further fueled controversy

and ‘Islamophobia’, Muslims’ must have adequate knowledge to

response correctly.

The law regarding ‘HUDUD’ – the harshest mandatory punishment,

has been ‘used’ to instill fear into uninformed masses (both Muslims

and especially non-Muslims) towards the whole of the SHARI’AH.

Whereas this constitute only a very small part of Islamic law and of

which its implementation has to be done gradually and in accordance

with prevalent context – neither abruptly nor disregarding the spirit

and aim (MAQASID) of Islamic law (SHARI’AH).

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This fact is borne out as such HUDUD penalties were rarely

implemented in the past, even in Muslim dominated lands because

conditions (socio-economic-politico) have not been met nor was

favorable under the SHARI’AH ruling itself. Its implementation was in

fact held in abeyance and was under a long ‘moratorium’.

Criminal punishment introduced by the British or other common laws –

(which may be categorized under the SHARI’AH under the lesser

TA’ZIR) continues to be accommodated, which therefore fulfilled the

need for public order. It was not that in Malaysia or Brunei,, they have

relinquished the primacy of Islam as the state religion of both

kingdoms and became SECULAR. The entire history of these countries

have to be properly understood and appreciated.All Rights Reserved © Zhulkeflee Hj Ismail (2015))

Now, it could be that politicians may have begun to consider possible

available alternatives to improve their legal system, which inevitably

pointed back to what is available under the SHARI’AH, some of which

(especially Islam’s criminal law) has remained as ‘theoretical’ but still

studied and taught. Granted that some may have used the issue for

political expediency, yet as long it is done within the ambit allowed by

their respective constitution, then it is to be respected.

Unfortunately, some reacted by claiming that their country is SECULAR

and they are opposed to what they deemed to be ‘ISLAMICIZATION’ .

When they instigate others to do the same, Islamophobia argument

challenging Islamic principles are now being used to confuse even the

Muslims. We need appropriate knowledge to respond.

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It is important that we do not reduce Islamic jurisprudence regarding

punishment of crimes (‘UQUBAT) as only ‘HUDUD’ which is only a very small

part – and historically difficult to be implemented.

Unfortunately it is being politicized and regarded as a symbol of an “Islamic

state”, and since it was not explicitly mentioned in the constitution, those

who wished to believe that Malaysia is a secular country vehemently

opposed any inclusion of it now. Yet in fact Islamic criminal law, generally

termed as TA’ZIR (which had accommodated the British penal code and

common law) are already included.

Not only HUDUD, which has yet to be considered, other Islamic

jurisprudential remedy against crimes, which includes QISAS and DIYYAT,

can actually be invoked. Malaysia has not relinquished its Islamic status.

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All Rights Reserved © Zhulkeflee Hj Ismail (2015))

 - “Limit” – for the most serious category offences where strict punishment has been mandated by Allah SWT and includes category of crimes specified in the Qur’an and As-Sunnah.

 ”Retaliation” - law of equal punishment as suffered by victim 

 ”Compensation” – amount to be paid to the heirs of a victim

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 ”Discretionary” – other punishment administered at the discretion of the judge, called a Qadi (judge) as when the HUDUD punishment cannot be applied for the crime committed

All Rights Reserved © Zhulkeflee Hj Ismail (2015))

TO BE CONTINUED …. INSHA-ALLAH

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