Saturday 26 November 2011

HUDUD LAW; A BRIEF INTRODUCTION

HUDUD LAW: A BRIEF INTRODUCTION
Definition of Crime

Crime by definition of the pious is an evil act or conduct committed by a person to invade or violate the dignity of a soul or other body on purpose.Islam as a holistic ad-din has rules and guidelines of all human life, including the question of crime.[Al-Jathiyah: 18]


Form of punishment imposed on criminals
According to the provisions of syariah law ', criminals prosecuted under criminal case net of you `iyyah when found guilty in court must be sentenced to either the hudud, qisas, diyat or ta` zir.These penalties are subject to the types of offenses committed by these criminals.1. Hudud punishments
Hudud in terms of the Arabic language is said Jama 'to the word limit, which means "barrier".

From the point of the Shari'ah, it applies to the penalties imposed on a particular evil.Therefore, the scholars' defines hudud as: Punishment determined syariah offenses violate the rights of Allah Ta'ala and the reasons attributed to. This is called hudud punishments because it can prevent people from continuing to do the crime.The hudud punishments have been determined and fixed on Him in the Qur'an and Al-Hadith. Hudud is not only the rights of God can not be changed, modified or amended sentence or even not be tolerated by anyone in the world. Those who violate the Word of God has been determined by Allah and His Messenger is among those who do wrong. [Al-Baqarah, 2:229].
The offenses that must be hudud are as follows:

a) Adultery, the men and women who have intercourse without a valid marriage according to syariah law `.For the offense of adultery, if found guilty sentenced to mandatory whipping of 100 lashes, as provided expressly by Allah in the Holy Quran: [Al Nur: 2]b) Accusing someone else of adultery (qazaf), which make allegations of adultery on the good and holy, or deny the accusations lineage and can not be proved by four witnesses.The penalty for the offense was whipping Sumitro of 80 strokes of the cane and can not be accepted testimony forever. [Al Nur: 5]c) Drinking wine or strong drink, whether small or large, drunk or not.The penalty for this offense is whipping of not more than 80 strokes of the cane and not less than 40 strokes of the cane.
d) Theft, which is a hidden transfer of custody of personal property without the consent of his master's or master's with the intent to remove the property from its owner's custody.Hudud punishments prescribed for the offense of theft is a cut hand, as the words of Allah:[Al Maidah: 38]e) Apostates, of those who left the religion of Islam, whether by act or by words, or with i `tiqad beliefs.A Muslim apostate must be killed, based on the evidence the hadith of the Prophet narrated by Ibn Abbas"Whoever changes his religion (from Islam), kill him" - [Narrated by Bukhari and Muslim]f) Robbing (Banditry), which is out of a person or group that seeks to take property or kill or intimidate by means of force.
Banditry Punishment for crime is:
i-The death penalty: the bandit or bandits who had killed people who robbed without taking his propertyii-The death penalty in the wooden cross: the robber or robbers who kill and take the property of the murdered or property of others.iii-sentence cut his right hand and left foot: the robber or robbers who only take the property without killing or injuring their victims.iv-The penalty throw to the other (banishment): the robber or robbers who only just frightening or threatening.These penalties are based on the words of Allah: [Al-Maidah :33-34]g) Traitors (bughah), a group of Muslims who resist or rebel against unjust rulers who run company with `at Islam.The penalty for this offense is that these people must be fought until they return to be loyal to the government. Caliph Abu Bakr r.a. never fight a refusal to pay the zakat at the time of his reign. [Al-Hujurat: 9]2. Qisas punishmentQisas sentence is the sentence which has been determined by Allah in the Qur'an and hadith, the Prophet. Qisas punishment is the crime that is punishable response.Killing rewarded with a death (life rewarded with life), met with hurt hurt, injure met with wounded.Mandatory offenses punishable qisas are:a) Killing another person intentionally.b) Eliminate or injure a member of the body by others.c) intentionally hurt another person. The penalty kill another person intentionally must be punished Qisas on the murderer with death replied. God's Word s.w.t. which means:[Al-Baqarah: 178]Sentence of one remove, or injure another person or body must be met with punishment melukakannya qisas the rate of injury or wound a person is also the type of the injured and wounded earlier. [Al-Ma'idah: 45]3. Punishment diyatBlood-money was the property of the sentence that must be paid and provided by the criminals to the guardian or next as compensation due to victims of crime has been committed.Diyat punishment is prescribed by the authoritative texts of the Quran and the Sunnah of the offenses in connection with the offense and that as compensation qisas on offenses involving bodily injury or melukakannya.Mandatory offenses punishable diyat are:a) similar to the accidental killing.(Qatlu syibhul 'amd)b) The killing is wrong / mistake.(Qatlu al-khata ') [Al-Nisa ': 92]c) deliberate killing excused by the guardian or the heirs of the murdered. God's Word : [Al-Baqarah: 178)4. Ta `zir punishmentTa `zir punishment is the punishment of offenses is abused on the criminals who can not Hudud or Qisas sentenced for an offense committed does not fall under the cases sentenced enable hudud or qisas.Unlike the Hudud and Qisas punishment, rate or form of punishment was not specified in the Qur'an and Al-Hadith. Instead, the type, rate and form of ta `zir punishment is handed to the judge to determine the absolute. This is because the ta `zir punishment is intended to prevent criminals repeat their crimes again and not do just to punish them.The purpose of punishment for Hudud, Qisas, blood-money and ta'zir
Hudud, qisas, diyat and ta `zir crimes provided for in the net of you` iyyah Qanun is intended to safeguard the principles of Islamic law under which the five subject areas:1. Keeping religion, which keep the faith of Muslims so as not to deviate from the true faith and not be an apostate. Apostasy will be asked to repent first, and if he refuses to repent then the death penalty will be imposed on them.2. Keeping life, the soul of the slain care, including care of the body of the injured person's view or damaged. Those who kill people or injure members of their bodies must willfully sentenced qisas or blood-money as the word of God : [Surah Al-Baqarah, 2:179]3. Keeping the mind, which kept the human mind from the damage caused by drinking alcohol or intoxicating beverages.Reason is the greatest gift of mankind. With it, man looks bad and good things. By reason whatsoever, we ditaklifkan by Allah Ta'ala with taklifan-specific taklifan. Thus it is a very big award value, and to care for its integrity. Because drinking alcohol can cause loss of common sense lead to acts that dishonor humanity, Islam sentenced to whipping for those who accidentally drank.4. Keeping lineage and dignity, which protect people from committing fornication that lineage descendants, guardianship and inheritance of children born as a result of unlawful sexual intercourse was not damaged.It has been the nature, human dignity is concerned. Muslims are concerned about the dignity of human life as dignified, if dignity preserved. Because of allegations involving qazaf is dignity, then corporal punishment meted out to those who pollute the dignity of others without proof.5. Looking after the property, which is keeping people from the stolen property and robbery. Property is the exponent of life. Islam encourages its followers to work collecting the lawful property in order to earn a living and contribute to the cause of Allah Ta'ala. To keep the property, to the punishment amputations for thieves., And sentenced him to death or cut the hands and both feet or exiled to the robbers. This punishment is subject to how the robbery was committed.Conclusion

Finally, hudud, qisas, diyat and taa'zir a resolution which has been outlined by Allah as the laws to be adopted and implemented by the government of the country. Islam is the well-being. If implemented hudud, I'm sure it will guarantee the well-being and prosperity of the country as illustrated by the words of Allah:[Saba ': 15]

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