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Imroatul Azizah
Institut Agama Islam Sunan Giri Bojonegoro
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Genealogi Riddah: dari Masalah Aqidah Menjadi Hudud Imroatul Azizah
Proceedings of Annual Conference for Muslim Scholars No Seri 1 (2017): AnCoMS 2017: Buku Seri 1
Publisher : Koordinatorat Perguruan Tinggi Keagamaan Islam Swasta Wilayah IV Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.877 KB) | DOI: 10.36835/ancoms.v0iSeri 1.21

Abstract

The problem of riddah is initially only a theological problem, its responsibility only to God, so there was no world sanction. Historically, the Prophet never punished the apostate. But in a classical jurisprudence apostasy is categorisedas H}udu>dand punished with death penalty.Riddah became known after the rebellion of dissidents by Abu Bakr(h}uru>b al-riddah). This Abu Bakr’s decision and assertiveness be primary for the fuqaha to execute the perpetrators of the riddah. Ulama categorized Riddah be three Classification: First, Riddah engenders serious theological and sociological consequences. Riddah raises the concept of "kufr", and this is contrary to the main objective of Islamic law, preserving religion (li h}ifz} al-di>n). This doctrine is reinforced by sociological facts that riddah can weaken the unity of the people or at least could trigger the destruction of Islam; Secondly, in Islam there is no separation between religion and politics, disobedience to the state is synonymous with insubordination against Islam; and thirdly,the manner of Abu Bakr's government further becomes the discourse of thought and social action, entering into legal thought. This thinking further strengthened through the process of hegemony in various madhhab fiqh, disseminated through educational institutions and h}alaqah, so that the concept of riddah and legal sanction became accepted by the Muslim community as something taken for granted.But now contemporary scholars agree to conclude that 'illat of the penalty sanction of apostasy, not its kufr
Menakar Jaminan Implementasi Al-Daruriyyat Al-Khams bagi Penghayat Kepercayaan dalam Keputusan Mahkamah Konstitusi Imroatul Azizah
Proceedings of Annual Conference for Muslim Scholars No Series 2 (2018): AnCoMS 2018: Book Series 2
Publisher : Koordinatorat Perguruan Tinggi Keagamaan Islam Swasta Wilayah IV Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (800.805 KB) | DOI: 10.36835/ancoms.v0iSeries 2.182

Abstract

The decision of the Constitutional Court to grant the judicial review petition for Law Number 23/2006 concerning Population Administration became viral because the Indonesian Ulama Council (MUI) opposed it. MUI is grounded in religion is one of the identity of citizens (Indonesia), and the indigenous beliefs is not a religion. Yet if looking at the definition of religion, indigenous beliefs including the religion of the earth (wad'i). Categorization of the celestial (samawi) religions and wad 'i existed at the time of the Prophet, the evidence when the Medina Charter was made, there were at least four groups of peoples: Paganism, Judaism, Christianity and Islam. Among the most important contents of Medina Charter is on Freedom of Religion (Paganism as a religion of wad'i also given freedom). Islam upholds the freedom of religion, the implementation of al-Daruriyyat al-Khams--li hifz al-din--finds its momentum, and the decision of the Constitutional Court which implies the assurance of the status of the believer of trust seen from the perspective of fiqh maqasidi is true.
Co-Authors Eko Arif cahyono Kholis, Nur Nurul Huda