What Is Syariah Law By Meaning Philosophy Essay

What Is Syariah rightfulness By Meaning Philosophy EssayThe term Sharia itself derives from the verb sharaa, which according to Abdul Mannan Omars Dictionary of the Holy ledger connects to the idea of ghostlike natural rectitude and system of forebode righteousness way of belief and pr proceedice (4518) in the Quran.Definition of Sharia law.Sharia (Arabic to a fault Sharah, Sharia, Shariahor Syariah) is the Arabic countersign for Islamic law, also known as the Law of Allah. The word sharia mean the right path, refers to usageal Islamic law. The Sharia comes from the Koran, the sacred book of Islam, which Muslims considerthe actual word of God.The Sharia also stems from the Prophet Muhammads teachings and interpretations of those teachings by certain Muslim legal scholars. Muslims believe that Allah (God) revealed his true will to Muhammad, who then passed on Allahs commands to servicemans in the Koran. Islam classic all(prenominal)y draws no distinction between religious, and secular life. Hence Sharia covers non hardly religious rituals, but m whatsoever aspects ofday-to-day life, politics, economics, banking, business or contract law, friendly issues and legal rules, is more than legal system, strictly speaking. Islam is al-deen which is the way of life.Sources of sharia law.Basically the primary sources of sharia law argon the Quran, Hadiths or Sunnah which is the sayings, practices, and teachings of the Prophet Mohammed. The inessential sources argon ijma, qiyas, ijtihad and istihsan.School of Sharia lawNo.Schools of sharia lawExplanation1.HanbaliMost conservative school of Sharia. Used in Saudia Arabia .2.MalikiBased on the practices of the people of Medina during Muhammads lifetime.3.ShafiiEmphasizes on opinions, companions of the Prophet Muhammad4.HanifiMost liberal school, relatively open to rough limited modern ideas.WHAT IS HUDUD LAW BY MEANING?Etymology.It per conformityer limits, or forbidden and also asdefinition. The root word is derived from the Arabic hadd. Literally hudud(Arabic, also transliteratedhadud,hudood singularhadd,, literal meaning limit, or restriction) is the word often used inIslamicliterature for the bounds of acceptable behaviour and the penaltys for serious crimes.Definition of hudud.In Islamic law orSharia, hudud usually refers to the class of penalizations that be fixed for certain crimes that are considered to be claims of God. They include theft, fornication and adultery (zina), consumption of alcohol or early(a) intoxi give the sackts (khamr), and apostasy. check to Islamic dictionary hudu law is define as muslim law divine punishments the category of crimes most egregious and hence most bad punished. Sharia is an Arabic word meaning the right path.Crimes in IslamCrimes under Islamic Law post be broken down into 3 major categories. Each will be discussed in greater distributor point with some common law analogies. The three major crime categories in Islamic Law areHadd Crime s plural hudood (most serious), Tazir Crimes (least serious), Qisas Crimes (revenge crimes restitution).Hudud crimes.Hadd crimes are those which are punishable by a pre-established punishment show in the Quran. These most serious of all crimes are found by an exact reference in the Quran to a specific act and a specific punishment for that act. on that point is no reducing the punishment for a Hadd crime. Hadd crimes fox no minimum or maximum punishments attached to them. The punishment system is comparable to the determinate sentence imposed by some judges in the United States. If you commit a crime, you know what your punishment will be.No judge can change or reduce the punishment for these serious crimes. The Hadd crimes areMurder, Apostasy from Islam (Making war upon Allah and His messengers), Theft, Adultery, Defamation (False accusation of adultery or fornication), Robbery, Alcohol-drinking (every intoxicants)The first iv Hadd crimes require a specific punishment in the Q uran. The last three crimes are menti oned but no specific punishment is found. Thus the last three crimes, the punishment falls into taazir crimes which the punishment is declared by the government.Punishments under hudud law.Hududpunishments are the severepenalities prescribed byshariafor offenses defined as being against God himself. The punishments for these crimes are seen as divinely ordained and cannot be changed by humans.Methods of ExecutionHOW SYARIAH AND HUDUD LAW APPLIED IN MALAYSIA?According to Islam, a state which use holy quran and prophets tradition as its state constitution and the law that govern the people is an Islamic law is an Islamic state. The rulers also must be elected from muslim members in their community.Article 3 of the Federal governance stated that Islam is the worship of the Federation. But as such stated in Article 11 of the Federal Constitution is that every person have the right to profess and practice their own theology and subject to Clause 4, to propagate it.Article 3 merely declares that Islam is the appointed religion of the federation. It does not declare as does Constitution of Pakistan that the federation is an Islamic state.In Malaysia, although sharia law is applicable to all Muslim, but it only deals with family law and the division of fitty. Not all chambers of sharia law is applied in Malaysia. Basically for crime, the punishment is laid down in Penal encrypt.Recently, the government of Kelantan express their intention to impose hudud law in Malaysia art object the other opposition side refuse to, especially DAP which their members all are non-muslim and Parti Keadilan Rakyat. fetching into consideration how you wanted to govern the people which are not muslim and didnt have faith in it, to follow its rules?As rational human beings, of course we witness that in life there is such a thing as limits to whatever we can do or experience in all that takes place upon ourselves or others for the matter. No matter what particular matter or issue that we want to d swell upon or commit, we know that the law of nature constantly prevails over us or any circumstances.How much can we eat? How much can we drink? How much can we motorcarry? How fast can we go? How long do we want to live? in that respect are just so more things that we can keep asking each and everyone of you command this and almost always you will agree with me that there is only a certain amount of things or eventualities that can take place.History is the best instructor of us all where it concerns matters that mankind are so desperately after? Power, strength, y outh, beauty, libido, masculinity, femininity, authority, wealth, all the spoils of this earthly life that one can imagine and crave for? mull over back to our coming into being. From a embryo after being conceived by our mother as a result of the physical union of our parents, we develop from leg to stage and eventually become a fully formed human baby in our mothers womb and at the appropriate time and moment persistent by Allah the Almighty, we are born and delivered into this earthly realm.If we had stayed any longer in our mothers womb, there might be a danger both to our mother and to us as an infant ready to come out into this world. There is a certain limit to pregnancy. Thats a form of hadd or limit.Coming back to the master(prenominal) gist of this posting, we now have to understand what the Hudud in Islam means? As stated above, the ulama of Fiqh define hudud to be a Code of Punishments to be implemented by the authorities in an Islamic nation upon criminal acts carried out by the offenders who are proven without a doubt to be guilty of such crimes and upon conviction be punished as decreed by the Almighty. It is to verbalise that if hudud law will be enacted in Malaysia, some of the consummation must be recheck and change to suit the golf club now.As such, there is no render for any punishments decreed by Allah SWT t o be reduced, added on or altered by Mankind. The Hudud is Allahs Rights upon us Mankind. Criminal punishments upon those found to be guilty according to the Hudud Laws can not be dropped against the criminal or criminals by any individual or cabaret as a whole.The Hudud Laws are meant to be a safeguard from the Almighty to protect human society from all forms of crime and to preserve peace, social orderliness and to ensure the safety of the general public. Any form of wrongdoing committed by any individual or group is to be judged according to what has been laid down in the Supreme Constitution of Allah SWT in the form of the Holy Al Quran Al Karim and as per the Hadiths of His Greatest and Final Messenger to all Mankind, the Blessed Prophet Muhammad S.W.T.Part A ( Chart Research )SUGGESTION TO IMPLEMENT THESE LAWS ONTO NON-MUSLIMS.There is suggestion to implement these laws onto non-muslims, but, question arise whether this is workable? Our group had divided into three categories during our research and analysis on this suggestion where we suggested to divide the opinion to the raw material of 3 findings, which consist most general(society Malaysia), less general(MMU student), and specific(lecturer and legal expertise). First category is on the views given by society in Malaysia.CHART 1 Malaysian CITIZENS VOTES ( Based on Poll Opinion on Internet )The second category is according to the societies votes in Malaysia included those non-Malaysians who lived in Malaysia.Chart 2 MMU VotesAccording the chart above, which derived from the poll, survey and interviews that made by our group. There were 30% of Muslims in Malaysia totally disagreed to implement these laws in Malaysia, and, 10% of them agreed to implement it in Malaysia, 2% of them were inert positions. While, for the votes given by non-Muslims in Malaysia, there were 35% disagreed and none of them vote for agree or neutral. On the other hand, Muslims but not citizens of Malaysian gave 5% agreed and 5% disagreed towards the suggestion but none of them give votes for neutral. Lastly, the non-Muslims for those who are not the citizens of Malaysia, totally disagreed by giving 15% of the votes.It can be conclude that 85% of the Malaysian citizens totally disagreed on the suggestion to implement these laws onto non-Muslims. Some of them say that there will be no equality and judge to those who has no beliefs in the religions. Not only that, there is also some sayings that the law is too excessive and strict to adapt in current society. There will be difficulties and challenges that government and society will face if they impose the law.LECTURERS VIEWCHART 1 Lecturer views and opinionsIn this chart, we can see that among 9 lecturers that had been interviewed, there were 5 lecturers that totally disagreed of the suggestion to implement these laws onto non-Muslims. One of them is Miss Nur Fazini Asro put inti Ramizi Sulaiman, which in her opinion, she said that As for me, the sug gestion to implement hudud law to non -Muslims is unreasonable. This is because if it is to be compute upon the legal perspectives itself, the Syariah law only has the legal power within the matter of MUSLIMS only. The interpretation in the statute itself has define, who are to be governed within this kind of law. For an example, a non-Muslim cannot become a syariee law, only a Muslim can be a syariee law, alike(p) goes to the syariah law (implementation only to Muslim). Thus it may be seem to complicated if contestations, suggesting hudud law are to be implement to non-Muslims. Not only that, Dr. Mohamed Ishak Bin Abdul Hamid also stated in his opinion that Hudud law ,is created only to govern the one who are professing the religion of Islam, and as for non-Muslims , it shall be raw for them, for hudud law to be impose on them , due to their lack of knowledge, pertaining on Hudud law.On the other hand, the other 4 lecturers were in neutral opinions. Neither agreed nor disagreed . According to Sir Gary Ng Kit Min, If it to be look upon to in this matter, it may be divided into 2 aspect which is, in religion perspectives and the legal system perspectives. If in religion perspectives, the syariah law, should be apply to muslim only, not to non-muslim ,but if in legal perspectives, if the parliament passed a law, that which provides that the syariah law shall be the triumph law in the rural area, thus the citizens (Muslim and non) cannot do anything except to accept it as the law of the country.As for Sir Jeong CP, have a varied view pertaining on this matter, the religion is not wrong, if the question to be arose, such issues. Every religion have its own way in culturing of the individual who professing the religion itself, It its to be look in more liberal way, the religion is never wrong, it is one who are professing the religion are to be blamed for not giving the detail reason for his or her act. For an example, if its to be look in one principle of a car and a driver, the driver drive a car later caught into accident, whos to be blame? The car or the driver.? The car is never to be blamed, as it had given, its fullest performance, well as for the driver? it may be the driver fault, maybe he was negligence when driving the car .Same goes to the religion, if theres any defect, mischief or any mistake occurs to the society due to action done by an individual who professing such religion, it for them ( the individual ) to be blamed, as he or she has been negligence.The Al-Quran had put such many various way, to protect the maslahah (life in word and hereafter ) of individual, and any action done by an individual must have the sebabasbab ( reason ) .The society have been much liberal nowdays, any action done, must come with justifications and reason. Then the society may somehow be much open minded to put on any law to govern them, to develop a better society.Part B ( Articles and Newspaper Reviews ) ARTICLES SUMMARYHudud Law being applied in Terengganu, Malaysia1As being shown in the article itself, Hudud Bill was being drafted by the Terengganu State Government and it constitutes a gross violation of the principles of justice and equality in Islam. Its being said that under this Hudud Bill, women who reported to been enthralld if being unable to provide evidence for the said statement, will be charged for calumnious accusation and 80 lashes an unmarried woman who gets pregnant is assumed to have committed zina,2even if she has been raped also a women cannot be taken as a witness for a case. The question arise here would be, how is this constitutional in the eyes of the law? In Malaysia we have a supreme law which is the Federal Constitution (FC) and under the FC, it provides equality section which made all persons equal before the law and entitle to an equal protection of law. The Hudud however, contradicts with the provision of the FC as it mentioned no discrimination shall occur in favor of any person u nder Art.8 of the FC3.It is important to note that all criticisms of Islam and its defense mainly outflank around its approach to women rights. Theres many criticism as to why Hudud shouldnt be applied in Malaysia, but the criticism is primarily focused on the stringent requirements of quatern reputable witnesses for offences such as adultery and qazaf4which according to them makes conviction for the abovecrime almost impossible.The evidence that could support the charge of adultery are the apology of either orboth the accused persons and/or eyewitness testimony made by four males, who are of justifiable and credible character. Anything else is merely circumstantial evidence and not admissible in a hadd prosecution.5Going back to the article itself again, question to be asked would be whether it would be unjust for the law to come out with a punishment of flogging 80 lashes if a clear proof of the rape committed couldnt be shown? The answer itself, lies under Art.8 of the FC as in the case of PP v DatukHarun bin Haji Idris6, whereSuffian LP laid down the principle stating that if a law itself is discriminatory, one should see whether it falls within the exceptions allowed by the FC and if its not, it cant be said as a good law. As the situation laid down here, if we insist to apply Hudud into the Malaysian Legal form, even to the non-Muslim, it would definitely be unjust and contradicts with our Constitution as it is not obeying the purvey laid under Art.8 of the FC, which the equality of all before the law. Tun Dr. Mahathir, our ex-PM commented at the Hududs condition on rape offence, whereby four witnesses are required to convict a perpetrator, that today we have the modern equivalent tool of DNA. You can collect evidence of rape through collect DNA samples and compare them with the offender.In Islam, the most important thing is justice. When you judge, you must make sure justice has been served. If you judge knowing clearly that this is unjust, then I gestate it is un-Islamic, he said.7And not to forget, Art.11 of the FC is interpreted itself to mean freedom of religion and therefore it is supposed to be a guarantee against prosecution on the basis of superior of religion thats being propagated.As for the effect of the Hudud on the gender relations if its being applied in Malaysia, there are many provisions in the Hudud discriminate against women. Women will not be accepted as witnesses and women are also most likely to be prosecuted for slander if they are not able to prove rape, which contradicts which our current provision of the Constitution. While in cases of adultery women which becomes pregnant will immediately be charged for the offence while it will be impossible to charge the male partner because of the requirement of four male Muslim witnesses. Evidence for rape is ocular evidence of four adult male witnesses or confession of the accused. The victims own statement has no testimonial value. Even if medical examination is taken and a sexual act has been proved to have taken place, the accused can still be acquitted. The woman is then convicted of zina. The onus is upon the victim to prove that she was not a accept party to her rape. Even minors can be convicted of zina, unlike what is provided in the existing penal code, where consent of a minor is immaterial and statutory rape is applicable. All of these will then be causing gender discrimination in our country and the equality provision under the Constitution will therefore become unreliable under the provision of the Hudud if being applied here, in our country.ARTICLES SUMMARYHudud Law being applied in Saudi Arabia tralatitious Islamic law has become the basis for criminal law systems in Islamic countries. The most notable example of this is Saudi Arabia, where the Quran and Sunnah form the basis for the government and the legal system.Political BackgroundArticle 1 of the Constitution states thatThe Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion Gods Book and the Sunnah of His Prophet, Gods prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital8The legal system is, therefore, establish on the divine revelation, rather than judicial decisions or written law. Article 38 of the Saudi Constitution sets forth that (i)There shall be no crime or penalty except in accordance with a Shariah or organizational law. (ii)There shall be no punishment except for acts committed subsequent to the coming into force of the organizational law.This indicates that crimes and their penalties must be specifically set forth before punishments may be imposed. The Saudi Constitution also provides that the state protects human rights in accordance with the Islamic Shariah9.Legal SystemSaudi Arabian courts follow the Hanbali school. A judge in Saudi Arabia is called a qadi and must be adept as a scholar and a great follower of Islam10. There are three levels of c ourts. Mustajalah courts are the local courts and do not have jurisdiction over any case that could result in death. The High Courts of Sharia Law, or kubra, have jurisdiction over hudud and qisas crimes. Although usually only one qadi sits on each court, the hearing of a crime that would result in execution is comprehend by a panel of three judges. The three qadi pass on the investigation, examine witnesses, and issue a verdict. A defendant sentenced to death in a kubra court has a right of appeal to the Court of Cassation, and the case is heard by a five-qadi panel. During this review, the court does not examine the law or facts, but merely ensures that the judge has paid sufficient attention to the point of remonstration11. The Supreme Judicial Council reviews all death penalty cases. The King has final review. For death penalty cases for hudud crimes, the only review is of guilt the penalty cannot be changed12.PopulationSaudi Arabia is the largest Muslim country of the world. It has an estimated population of 28 million. Saudi Arabia is a Kingdom and about 8 million people are migrants from different countries of the world. Saudi Arabia is the center of Muslims as the mousoleum of Holy Prophet Mohammed (PBUH) is in this country.According to The Future of the Global Muslim Population by Pew Research philia13, Saudi Arabia have about 25,493,000 estimated number of muslims population in 2010, which brings to approximately 97.1% of its citizen is a muslim. Thats about 1.6% of the muslim population as a whole.Educational SystemAccording to Robert Sedgwick14, education in Saudi Arabia is segregated by sex and divided into three separately administered systems general education for boys, education for girls and traditional Islamic education (for boys). The religious secondary school curriculum includes the general academic secondary school curriculum but focuses primarily on Islamic and Arabic studies. Where memorization of the Quran, interpretation and under standing of the Quran (Tafsir) are stressed.Newspaper reviewANALYSIS BETWEEN MALAYSIA AND SAUDI ARABIAWell it come to our understanding, on the paper based on its facts, analysis and others, we might able to implement this kind of law to both in Malaysia. But the question arose, whether when the government tries to implement this kind of law to both, would It be a total satisfaction to all who professing other religions?Indeed based on the analysis in Saudi Arabia country, it much self-evident to see, hudud and syariah law, have well indeed, governed its government and society, whether in education, society, politics and legal system. But it come to much argument though, well if it is to be look upon the society of Saudi Arabia itself, Saudi Arabia is the largest Muslim country of the world. It has an estimated population of 28 millionapproximately 97.1% of its citizen, is a muslim. Thats about 1.6% of the muslims population as a whole. Differently in Malaysia which consist a multi -race society, which professing other religion instead of Islam itself. It would be easy to implement to Saudi Arabia, where its citizens, almost 97% professing the religion of Islam, while in Malaysia at least 30% of its citizens, professing the religion of Islam.Further to be illustrated that, as to be seen in respect of Education matters in Saudi Arabia, the government itself have well emphasized the society with primarily on Islamic and Arabic studies where the government of Saudi Arabia divided the system of education, into three parts which is education for boys, education for girls and traditional Islamic education (for boys), since their childhood. Differently, in Malaysia, it seems that the government itself does not really emphasizes the teaching of Islam (like fardhu ain) to the citizens, where the general education are ought to be champ.To be concluded, if one argument arose that the hudud law are ought to be implemented in Malaysia, first aspect to be considered is, the government of Malaysia itself may need to take a re regard to send a few people of ulama to have an emphasize knowledge of hudud and syariah law in any other Islamic country for example Saudi Arabia. As far to be concern, Malaysia have none who is really have such a perfect detail knowledge of any arguments pertaining to hudud law itself. Differently in Saudi Arabia, it would be easy to implement hududlaw there, as to the reason, there is many ulama who are far concerned, well learned of the syariah and hudud law themselves.THE DIFFICULTIES AND CHALLENGES ON THE IMPLEMENTATION OF THE HUDUD LAW IN MALAYSIA.Crux of hudud controversy, is the fact that both sides do not understand democracy and do not respect the democratic right of someone to support or react what they feel they want to support or oppose. organism a citizen of a democratic country, every citizen has a democratic right to drea about the Hudud and to support it, also to have nightmares about Hudud and oppose it. The i mplementation of hudud law (or any law for that matter) in Malaysia remains a possibility under democracy. It is not yet implemented because the majority of Malaysians including the Muslims themselves for some reason do not want it. They are simply practicing their democratic right by not giving it their consent.15Seen from a broader perspective hudud is not real the real problem. It is just a form of punishment for a number of crimes mentioned in the Quran. Only criminals and criminals want-to-be, we might say, should be afraid of it. A worthy Muslim would never reject hudud per se because he knows that it is a part of Islamic Law and it is a part of Islam. But a proper Muslim also would not allow people who are incompetent to use hudud as their rhetoric just to get into power because they are going to create bigger disaster. Hudud and Islamic law will not appear good and convincing in the hands of those who do not possess adequate moral and intellectual integrity. Hence, this is a matter of giving the trust to the rightful people. Implementing hudud is a big trust and it should not be given to just anybody. If the ability is not yet there, the real responsibility of the Muslims is to get themselves equipped with what it takes to carry out that responsibility.16So the real problem is the Muslims themselves who are, as a whole, no longer good Muslims in term of their understanding and practice of Islam so that they are not capable of carrying out their duties and responsibilities as it should be.As such, and as a matter of priority, what they really need today is a proper education that will make them be a good Muslims morally and intellectually. It is true that the criminals among them need to be punished according to Islamic law but that is not going to happen anyway if the majority do not believe in Islamic law or have no confidence in those who want to implement it.So now, the crux of the matter is actually education, only a properly educated human bein g will be able to use his democratic right wisely. When we talk about the education, the accent mark is on the individuals, not the society, and what matters most is ethics and morality instead of politics and law. Islamic law and political system cannot be conceived nor practiced outside the example of Islamic ethics and morality because justice actually begins with the self. Even divine law cannot bring justice to the society if it is left in the hand of incompetent and corrupt individuals. A corrupt government can be brought down through the ballot box but it does not guarantee that the new government will be better that the previous one. True reform must ultimately come from a gradual process of education that is properly conceived and implemented.Our politicians, unfortunately, are not really interested in education. Perhaps, due to being poorly educated themselves, they do not see anything greater and more important than power. They think only with power and kind of reform c an be done, hence their first concern over anything else is to get into power.17Besides that, the Malaysian Bar, stated that the Hudud cannot be implemented within the current constitutional and legislative framework. This is because, the law, as it stands, does not allow for the implementation of hudud by the States. The Federal Constitution only allows the States to enact laws creating offences by persons professing the religion of Islam, against the precepts of Islam, and the respective punishments for such offences. With respect to the nature of such offences, these offences cannot include matters within the legislative powers of the Federal Government. Therefore, there can be no replication of any of the offences within any Federal law with a different degree of punishment only for Muslims. Further, these laws, if enacted, must themselves be consistent with fundamental liberties guaranteed to all citizens, including Muslims, under Part II of the Federal Constitution.As to the s cope of the punishments for offences against the precepts of Islam, the extent must be conferred by Federal law. The Syariah Courts (Criminal Jurisdiction) spiel 1965 provides that the Syariah Courts in all States shall not exercise jurisdiction in respect of any offence punishable with imprisonment for a term exceeding hexad strokes or with any fine exceeding five thousands ringgit or with whipping exceeding six strokes or with any combination thereof. Hence, the penalties that Syariah Courts can mete out are clearly circumscribed, and do not inclu