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All Journal Jurnal Indo-Islamika
Muhammadun Muhammadun
Institut Agama Islam Bunga Bangsa Cirebon
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Pluralisme Hukum Dalam Bingkai Masyarakat Madani: Masa Nabi dan Masa Kini Muhammadun Muhammadun
JURNAL INDO-ISLAMIKA Vol 4, No 2 (2014)
Publisher : JURNAL INDO-ISLAMIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/idi.v4i2.17395

Abstract

In the era of modernization, law is no longer understood as a norm system that binds every citizen. In practice, the law is controlled and supervised by the state through a number of regulations created and compiled by certain communities that have direct access to the state. This paper will explore more about the concept of legal pluralism that once applied in the social history of Islamic law, as well as describing cases of legal pluralism that were practiced during the time of the Prophet and also friends.
Death Penalty for Apostasy: The Perspective of Hadith and Positive Law Muhammadun Muhammadun; Oman Fathurrohman; Idris Ahmad Rifai
JURNAL INDO-ISLAMIKA Vol 11, No 1 (2021)
Publisher : JURNAL INDO-ISLAMIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jii.v11i1.20360

Abstract

This article analyses the death penalty for apostasy. Islam as moral and religious teaching recognizes the existence of such punishment. This can be traced from a number of verses from the Qur'an and the hadith of the Prophet which explain the concept of the death penalty aimed at certain criminal acts (jarimah) such as apostasy. However, is this the true understanding of the hadith to kill apostates? is still relevant to be applied in the present context, especially when the death penalty has received a very harsh response from human rights activists, both at national and international level? As a response to these questions, the writing analyzes the issue using a descriptive analysis method by making the hadith originating from Ibn Abbas as the research object and by using the theory of sunnah tasyri and ghairu tasyri' by Mahmud Syaltut. The comparison with positive law in Indonesia is also made at the end. In summary, the death penalty for apostasy is no longer relevant in the contemporary context. However, there is an exception when an apostate also commits rebellion (bughat) against the state.
Co-Authors Idris Ahmad Rifai Oman Fathurrohman