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UNDERSTANDING OF THE DEEN (AL-ISLAM)
Intermediate Islamic (FIQH) course in English
Conducted by Ustaz Zhulkeflee Hj Ismail...
EVERY FRIDAY RECITATION
All Rights Reserved © Zhulkeflee Hj Ismail (2015))
IN THE NAME OF ALLAH,IN THE NAME OF ALLAH,
MOST...
Say, (O Muhammad): "Shall We tell you who will be the greatest losersSay, (O Muhammad): "Shall We tell you who will be the...
All Rights Reserved © Zhulkeflee Hj Ismail (2015))
Due to the development in this region (NUSANTARA), regarding the
enactment for implementation of Islamic penal code in Bru...
This fact is borne out as such HUDUD penalties were rarely
implemented in the past, even in Muslim dominated lands because...
Now, it could be that politicians may have begun to consider possible
available alternatives to improve their legal system...
It is important that we do not reduce Islamic jurisprudence regarding
punishment of crimes (‘UQUBAT) as only ‘HUDUD’ which...
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 ...
All Rights Reserved © Zhulkeflee Hj Ismail (2015))
TO BE CONTINUED …. INSHA-ALLAH
All Rights Reserved © Zhulkeflee Hj Ismail (2015))
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[Slideshare] tafaqqahu-(2015)-#6 b-daily-application-understanding-hudud-islamic-criminal-law-(28-march-2015)

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[Slideshare] tafaqqahu-(2015)-#6 b-daily-application-understanding-hudud-islamic-criminal-law-(28-march-2015)

  1. 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)” All Rights Reserved © Zhulkeflee Hj Ismail (2015)) 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. 2. EVERY FRIDAY RECITATION All Rights Reserved © Zhulkeflee Hj Ismail (2015)) IN THE NAME OF ALLAH,IN THE NAME OF ALLAH, MOST COMPASSIONATE,MOST COMPASSIONATE, MOST MERCIFUL.MOST MERCIFUL.
  3. 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 All Rights Reserved © Zhulkeflee Hj Ismail (2015))
  4. 4. All Rights Reserved © Zhulkeflee Hj Ismail (2015))
  5. 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). All Rights Reserved © Zhulkeflee Hj Ismail (2015))
  6. 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. All Rights Reserved © Zhulkeflee Hj Ismail (2015))
  7. 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. All Rights Reserved © Zhulkeflee Hj Ismail (2015))
  8. 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. All Rights Reserved © Zhulkeflee Hj Ismail (2015))
  9. 9. All Rights Reserved © Zhulkeflee Hj Ismail (2015))
  10. 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 All Rights Reserved © Zhulkeflee Hj Ismail (2015))  ”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
  11. 11. All Rights Reserved © Zhulkeflee Hj Ismail (2015)) TO BE CONTINUED …. INSHA-ALLAH
  12. 12. All Rights Reserved © Zhulkeflee Hj Ismail (2015))

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