1. 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 forUsing 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
UNDERSTANDINGUNDERSTANDING
CONTEMPORARY ISSUECONTEMPORARY ISSUE
‘‘Hudud’ and the Islamic criminal LawsHudud’ and the Islamic criminal Laws
Updated 28 MARCH 2015
PARTPART # 2# 2
((20152015))

2. 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.

3. Say, (O Muhammad): "Shall We tell you who will be the greatest losersSay, (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 inin 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 doingthe 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 theirThose 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 haveLord 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 ofcome 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 revelationsHell 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 ParadiseAs 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 noshall 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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5. 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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6. 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.
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7. 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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8. 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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10. - “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

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TO BE CONTINUED …. INSHA-ALLAH

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