Senin, 19 November 2012
ISLAMIC SHARIA
Islamic Sharia is Islamic charitable man who speaks both as beings created by God and a servant of God.
Related to the orderly arrangement of Shari'a, Al Quran Sura Al Ahzab verse 36 teaches that if only God and His Apostle have decided a matter, then Muslims are not allowed to take any other provision. Therefore, it is implicitly understood that if there is a case that Allah and His Apostle has not set its requirements then Muslims can decide that its provisions. Understanding the meaning is supported by the verse in Surat Al-Maida Sura 5:101 which states that things are not explained its provisions are already forgiven of God.
Islamic law should be upheld God on earth, it is necessary to understand the public on the Shari'a
and its laws, that it was closing between theory and practice.
Islamic Sharia is the path given by God the Creator creatures conveyed through Qur'an; an and hadith, so it's guaranteed truth. And this has been guaranteed by the Creator himself.
Islam is a religion for purely surrenders to God, all the Prophet's religion, religion in accordance with human nature, religion became human guidance, set hablun minnallah hablun dominant wa-nas. Religion of mercy for all creatures, and it is the only religion that God approves, the perfect religion. (Surah Ali Imran: 19, 112)
While man-made law is the law which can not be separated from the interests and passions of man. Islamic law was not for God, but for the sake of the man himself. For Indonesia, to hang about jarimah / crime required a hundred doctors to get the hang of the whole field of Islamic criminal law.
With the religion of Islam, every Muslim has a foundation tauhidullah, and their role in life in the form of worship (devotion vertical) and Khilafat (devotion horizontal) and aims to win the pleasure and gift of God. Islam's noble and principal will be a reality in earthly life, when really believed, understood, internalized and practiced by all Muslims in totality (fanatic). (Al-Fath: 29, Al-Baqarah: 208)
Muslim jurists classify broad objectives of the Sharia as follows:1. Ensure the safety of the necessities of life is the first and foremost goal Shari'a. This includes religion guaranteed, soul, mind, mind, offspring and property
2. Guarantee the necessities of life (secondary purpose) or hajiyat.
3. Make improvements that make things to decorate social life and make humans able to do and manage the affairs of life better or tahsinat.
What is clear is that Islamic law has a clear goal, to secure his people, of various crimes. Here are some crimes that are classified under Islamic criminal law.
Muhammad ibn Ibrahim ibn Jurair, called hudud crimes are classified as the seven crime riddah / apostates, al baghi / rebellion, adultery, qadzab / false accusation of adultery, or theft sariqah, hirobah / robbery and shurb alkhamr / drink khamr.Kejaharan-crime law is clear, as the penalty for adultery unmarried adulterers whipped 100 times and exiled a year. For those who are married adulterers sentence whipped 100 times and was stoned. This penalty if imposed, many Americans are punished, so generalized refuse punishment, because adultery is considered fun. In fact, he asked that the law was to be eliminated.
For qadzab / false accused of adultery sentence 80 times flagellation. Drinking sentence beaten 40 times. Thieves cut his sentence. Robber robbery sentence cut hands and legs are crossed. For riddah / apostate punishment be left to be killed or die alone. Previous awakened to return to Islam. Rebels fought sentence. As well as the penalty killers killed diqishas unreturned, or bias is also forgiven by his family.
The decision to produce up to the punishment imposed, by carefully and thoroughly, and must meet requirements set by the Shari'a, so it is not vain to achieve the execution of the sentence. For example adulterers penalty, there must be four witnesses, or perpetrators admitted, the witness can not lie, and should really have implemented adultery. New later convicted.
In both groups of Islamic criminal law offenses before totaling 12 (7 and 5 hudud criminal offense Qisas and diyat) and certainly no bias is increased or decreased. While the common law changes ta'zir to trap harmful acts, which continues to emerge or grow in the community.
The superiority of Islamic criminal law, which is able to suppress crime through a very low point. For example, in Saudi Arabia, in 25 years only happened 16 times the punishment of hand amputation after the introduction of Islamic criminal law. So there is safe from theft. According to Prof. Souryal Orientalist, Islamic law was instrumental in forming an anti-Islamic society was instrumental in forming a community anti-crime and community with high social control
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