26 research outputs found
ANALISIS PEMIKIRAN MOHAMMAD HASHIM KAMALI TENTANG PENGHAPUSAN HUKUMAN RAJAM DAN RELEVANSINYA DI INDONESIA
No full text**English**The punishment of stoning (rajm) that agreed upon by Islamic scholars, now faces ongoing rejection particularly in modern times. Mohammad Hashim Kamali, a professor in Islamic law and usul al-fiqh, stands among those who oppose it. This piece aims to delve deeper into Kamali's understanding of the evidence behind stoning punishment, offering analysis and necessary critique. It's a qualitative study, a literature review type, gathering data from books, articles, and related works on Kamali's thoughts regarding stoning, analyzed using an inductive-deductive method. Kamali presents three approaches in rejecting stoning punishment. Firstly, by evaluating and testing the foundations of stoning laws, considering every stoning rationale as doubtful evidence. Secondly, he expands the meaning of doubt (syubhat) as an element found in trial proceedings, incorporating the perpetrator's personality and societal context. The third approach emphasizes repentance in the penal process, advocating for the state to make imposing the death penalty more challenging, providing the individual with an opportunity to improve and reform themselves. The author disagrees with Kamali's ideas. Upon analysis, it's found that Kamali's understanding of the evidence contains several errors. Regarding the expansion of the concept of doubt, it's concluded that Kamali leans towards a Western mindset emphasizing socio-historical approaches in interpreting Sharia law, prioritizing social realities over revelation. Similarly, in terms of repentance, Kamali tends to reject all forms of the death penalty, viewing it as a form of torture, whereas in Islam, such punishment is often symbolized as the highest form of repentance. Furthermore, fundamentally, Hudud punishment cannot be eliminated through repentance. Consequently, this piece concludes that stoning punishment still holds a strong legal
**Indonesia**Rajam merupakan hukuman dalam Islam yang disepakati oleh para ulama. Namun, penolakan terhadapnya masih terus bermunculan terutama di zaman modern. Salah satu di antaranya adalah Mohammad Hashim Kamali, seorang profesor di bidang hukum Islam dan ushul fiqh. Tulisan ini bertujuan untuk meneliti lebih lanjut bagaimana pemahaman dalil oleh Kamali terhadap hukuman rajam serta mengajukan analisa dan kritik yang diperlukan. Penelitian ini merupakan penelitian kualitatif, dengan jenis penelitian pustaka. Data dikumpulkan dengan cara membaca buku, artikel dan karya lainnya yang berkaitan dengan pemikiran Kamali tentang rajam dan dianalisis dengan metode induktif-deduktif. Mohammad Hashim Kamali menyampaikan argumen penolakannya terhadap hukuman rajam dengan menggunakan tiga macam pendekatan. Pertama, dengan evaluasi dan pengujian terhadap dalil-dalil yang menjadi dasar hukum rajam. Beliau menilai bahwa setiap dalil rajam sebagai doubtful evidence (dalil yang penuh keraguan). Pendekatan yang kedua, Kamali memberikan perluasan makna terhadap konsep syubhat sebagai unsur keraguan yang ditemukan dalam proses persidangan, dan bagaimana kondisi kepribadian pelaku dan bagaimana konteks masyarakat.. Pendekatan yang ketiga, adalah Kamali menekankan konsep repentance (pertaubatan) dalam setiap proses pemidanaan, di mana negara harus mempersulit penjatuhan hukuman mati dan memberikan kesempatan kepadanya untuk memperbaiki dan mereformasi dirinya sendiri. penulis tidak setuju dengan pemikiran Kamali. Setelah dianalisis, pemahaman dalil yang diajukan Kamali mengandung beberapa kekeliruan. Sedangkan dari aspek perluasan makna syubhat disimpulkan bahwa Kamali memiliki kecenderungan pola pikir Barat yang menekankan pendekatan sosio-historis dalam penafsiran hukum syariah, yang menundukkan wahyu kepada realitas sosial. Begitu pula dalam aspek pertaubatan, Kamali cenderung kepada penolakan segala bentuk hukuman mati dan menilai hukuman sebagai bentuk penyiksaan, padahal hukuman tersebut dalam Islam kerap dilambangkan sebagai bentuk pertaubatan tertinggi. Selain itu, pada dasarnya hukuman hudud tidak dapat dihilangkan karena taubat. Walhasil, tulisan ini menyimpulkan bahwa hukuman rajam tetap memiliki dasar hukum yang kuat sebagai bagian dari syariat Islam.Rajm (stoning to death) as the punishment for zina muhshan perpetrators, is agreed upon all muslim scholars on early muslim generation and has become an ijma’. But still, there are some contemporary muslim today who deny stoning with various reasons. One of them is Mohammad Hashim Kamali, as a professor of Islamic Law and Jurisprudence. He travelled around the world from Middle East, the West, and Malaysia to research more about Islamic law. The purpose of this article is to analyze his thoughts about stoning, and to see its relevance for Indonesian penal law’s development. This research is carried out with read his books, articles and other related works about Kamali’s thought on rajam. Kamali’s denying is based on the evidences evaluation, widening of meaning of syubha, and emphasis on the concept of repentance. Furthermore, this research was founded that Kamali’s denying on stoning has so many weaknesses, and it was concluded that stoning still has a strong legal basis. The idea of refusal stoning punishment for zina muhshan is not relevant for Indonesian society. Based on many considerations, stoning is appropriate to be reinstated as a form of punishment in Indonesi
Digitalising risk of fire resilience for UK buildings
No full textSeveral attempts have been made in the past to advance fire safety standards for residential buildings. However, the UK government has only partially succeeded in delivering detailed legislation that has been both successfully implemented and enforced across all types of dwellings. To further understand the government's approach, the author carried out detailed research into the common causes and triggers of fire that took place using a case study approach involving terrace housing, whilst also assessing the fitness for purpose of legislation with respect to the UK and EU regulatory landscape. In addition, independent research addressed all key elements of terraced dwellings, including information on fire alarm systems and detection devices, fire-resistant materials within external walls, compartmentalisation and combustibility of facades in roofing, quality of egress routes, and mitigation measures in place. Compiling data from multiple reputable sources such as the HSA, BRE and Home Office and comparing it with current legislation from Approved Document B: Fire Safety (vol. 2010-2019), indicated the government's failure to identify measures that could be adopted in order to retrofit existing homes and improve their resilience to the risk of fire. This severe deficiency in the lack of applicable legislation and safety methods in place for terrace housing confirms the need to implement contemporary approaches and advanced techniques for fire safety. This paper aims at exploring the resilience of the UK domestic housing to the risk of fire and provides simulation analysis from a real building case study identifying relevant fire propagation factors
Islamisation or Malaynisation? : a study on the role of Islamic law in the economic development of Malaysia : 1969-1993
No full textThe thesis examines the role of Islam and Shariah (Islamic law) in the
economic development of Malaysia and it rejects the assumption that Islam and
Shariah inhibit economic development. In contemporary Malaysia, there are two
'policies' adopted by the Government. Firstly, 'Islamisation' which is for the
advancement of Islamic law and institution building. Secondly, 'Malaynisation' which
promotes the socio-economic development of the Malay ethnic group. The study
adopts a holistic approach which covers the political economy of law in Malaysia.
The thesis explores the relationship between the two policies considering in
particular whether they are essentially the same. The study covers the pre-colonial,
colonial and post-colonial periods although the focus is on the post-1969 period which
involved the application of the New Economic Policy (NEP).
The NEP was a pro-Malay Policy to rectif,' the economic imbalance of the
Malays vis-à-vis other communities. Therefore, the focus of this thesis is on the Malay-
Muslim population of Peninsular Malaysia who form the bulk of the Bumiputera
(indigenous people).
Two Bum iputera and Islamic organisations, Bank Islam (BIIMB) and Tabung Haji
(TH) as well as the Bumiputera unit trust scheme, Amanah Saham Nasional (ASN) are
used as the case studies. Their establishment, structure and organisation are examined.
There is a specific focus on the extent to which they are examples of Islamisation or
Malaynisation.
It is clear that in contemporary Malaysia, Islam and Shariah are being used by
the Government to promote economic development. Islamic values have been used to
further Malay economic participation in the commercial sector. As a consequence, the
economic position of many Malay-Muslims has greatly improved. However, the
Government position is questioned by the Islamic opposition who say that the
Islamisation policy in many respects is either contrary to Islam or merely cosmetic, and
want a 'pure' Islamic approach. The thesis therefore involves a critical examination of
the perspectives of both the Government and the Islamic opposition
Actualization (Taf’il) of the Higher Purposes (Maqasid) of Shariah
No full textThe higher purposes, or maqasid, of Shariah are applied and actualized (taf`il) through their means (wasa’il). This paper begins with the definition and meaning of maqasid and proceeds to ascertain three discernible tendencies regarding their scope: reductionist, expansionist, and the moderate approach of wasatiyyah/i’tidal. It addresses the question as to whether the maqasid may be recognized as a proof or source of Shariah in its own right. Can one, in other words, extract a ruling (hukm) of Shariah directly from the maqasid, or should one always follow the usul al-fiqh approach? Responding to these questions would help the reader to know more clearly what to expect of the maqasid. We often speak of the maqasid but when it comes to actual practice, we apply the fiqh rules. Can one just ignore the latter and refer directly to maqasid? The work explores the relationship of maqasid to the Qur’an and hadith, and to usul al-fiqh respectively. It also ascertains the roles respectively of the human intellect (‘aql) and innate human nature (fitrah) in the identification of maqasid. The author reviews the means and actualization of maqasid and elucidates this subject through several illustrations and a set of actionable recommendations
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Right to education, work and welfare in Islam /
No full text"In The Right to Education, Work and Welfare in Islam Professor M.H. Kamali develops an Islamic perspective on three connected and complementary areas of rights and liberties. He argues that education is often a necessary ingredient of professional work even more so now than in earlier times when the range and variety of specialised knowledge were relatively limited. A person who acquires education, whether generally or at advanced levels of specialisation, is more likely to stand in a better position to enter the workforce and thus to contribute to the welfare of the community. The author commences his discussions on education, work and welfare in Islam by focusing on how each is treated in the Qur'ān; and follows this by the example of the Prophet and, after him, the Pious Caliphs who gave prominence to the education and welfare needs of people at times both of scarcity and affluence. Professor Kamali then moves forward to our time and discusses the right to education, the education of children, institutionalisation of learning, academic freedom and the debate between science and religion. The section on work elaborates on the value of work, work ethics, workers' and employers' rights and responsibilities, and the role and responsibility of governments. Finally, the section on welfare focuses on the importance in Islam of caring for those who are in need and the different forms of provision that can be made available by individuals, the state and charities"--Provided by publisher."Continuing from his earlier discussions of fundamental human rights from an Islamic perspective, Professor M.H. Kamali discusses in this volume a person's right to education, work and welfare. The following subjects are discussed: a classification of knowledge from the Islamic perspective, children's education, academic freedom, science and religion; the value of work, work ethics, fair trading, workers' rights; the obligations of society and the state towards those who are in need, the obligations of individuals, the establishment and objectives of charities"--Provided by publisher
Mechanical properties effect on molarity of epoxy hardener filled with geopolymer materials for piping application: Flexural properties
No full textThe use of historical allusion in recent American and Arab fiction
No full textIn this paper, we analyse John Updike’s Terrorist (2006) and Mohammad Ismail’s Desert
of Death and Peace (2005) with the aim of examining the use of allusion in the depiction
of 9/11 acts and the US occupation of Iraq. The comparison of the two novels, selected
from two different literary traditions, enables us to explore American and Arab
viewpoints of recent history. By appropriating the discussions of Gerard Genette,
Michael Leddy, William Irwin, John Campbell and Allan Pasco on the use of allusion in
literature, we argue that when authors allude to history in their works, they either employ
allusion to affirm or oppose certain notions. In other words, there are two main strategies
of allusion: affirmation and opposition. Updike alludes to history to affirm that Arab
terrorists are the main enemies of the USA and also to oppose the actions of those
terrorists who give themselves the right to kill civilians. In contrast, Ismail asserts that the
Iraqi and American people are equally victims of super-power Jews. Therefore, he
exposes an opposition to the US occupation of Iraq and the irrational reaction of the US
to 9/11. Both novels implicitly utilise 9/11 and the US occupation of Iraq but each one
employs these incidents according to the viewpoint and cultural background of its author.
Hence, the different employment of history reveals contestations of worldviews which
are symptomatic of the ideological clashes between the East and West
Fighting HIV/AIDS: Reconfiguring the State?
No full textThe author wishes to thank the anonymous reviewers of the article and the ESRC for funding part of this research
Specific and selective target detection of supra-genome 21 Mers Salmonella via silicon nanowires biosensor
No full textInterrelationship between dental maturity, skeletal maturity and chronological age in saudi male children
No full textAssessment of skeletal maturity and dental development is a common clinical practice in many health professions. Aims of this investigation were: 1) to test the applicability of the Demirjian46 method and the Greulich and Pyle47 atlas to the Saudi male children. 2) to study the relationship between dental maturity, skeletal maturity and chronological age in Saudi male children, and 3) to study the association between the dental maturity markers and the skeletal maturity stages in Saudi male children. Materials and Methods: The sample consisted of panoramic and hand-wrist radiographs of 148 Saudi male children between 9 and 15 years of age. Demirjian46 method was used to estimate the dental age through the assessment of different calcification stages of the left mandibular dentition. Skeletal age was determined using Greulich and Pyle47 atlas and skeletal maturity stage was established utilizing Björk’s21 skeletal maturity indicators. Results: Paired sample T-test revealed no significant difference between the mean dental, skeletal and chronological age. Tendency toward late skeletal maturation and early dental maturation was observed. Spearman rank order test showed high correlation between skeletal maturity markers and dental maturity markers of the 1st premolar (r=0.729) and 2nd molar (r=0.720). Conclusion: chronological age is a reasonable indicator of the dental and skeletal maturation in Saudi male children. The dental maturation stage of the left mandibular 1st premolar and 2nd molar can be used to predict the skeletal maturity stage in Saudi male children. The skeletal maturity rate of Saudi male children is analogous to previously reported rates in other groups with different ethnic backgrounds.Corresponding Author:
Dr. Adel Mohammad Alhadlaq, Assistant Professor and Consultant in Orthodontics, Chairman, Department of Preventive Dental Sciences, College of Dentistry, King Saud University, P.O. Box 60169, Riyadh 11545, Saudi Arabia.
Email: [email protected]
