Islamophobia in Teaching and Learning Civilization in Malaysia: a Contributory Factors
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Islamic Political Parties and Democracy: a Comparative Study of Pks in Indonesia and Pas in Malaysia (1998-2005)
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ScholarBank@NUS ISLAMIC POLITICAL PARTIES AND DEMOCRACY: A COMPARATIVE STUDY OF PKS IN INDONESIA AND PAS IN MALAYSIA (1998-2005) AHMAD ALI NURDIN S.Ag, (UIN), GradDipIslamicStud, MA (Hons) (UNE), MA (NUS) A THESIS SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY SOUTHEAST ASIAN STUDIES PROGRAM NATIONAL UNIVERSITY OF SINGAPORE 2009 Acknowledgements This work is the product of years of questioning, excitement, frustration, and above all enthusiasm. Thanks are due to the many people I have had the good fortune to interact with both professionally and in my personal life. While the responsibility for the views expressed in this work rests solely with me, I owe a great debt of gratitude to many people and institutions. First, I would like to express my gratitude to Dr. Priyambudi Sulistiyanto, who was my principal supervisor before he transferred to Flinders University in Australia. He has inspired my research on Islamic political parties in Southeast Asia since the beginning of my studies at NUS. After he left Singapore he patiently continued to give me advice and to guide me in finishing my thesis. Thanks go to him for his insightful comments and frequent words of encouragement. After the departure of Dr. Priyambudi, Prof. Reynaldo C. Ileto, who was a member of my thesis committee from the start of my doctoral studies in NUS, kindly agreed to take over the task of supervision. He has been instrumental in the development of my academic career because of his intellectual stimulation and advice throughout. -
Should Qisas Be Considered a Form of Restorative Justice?
UC Berkeley Berkeley Journal of Middle Eastern & Islamic Law Title Restorative Justice in Islam: Should Qisas Be Considered a Form of Restorative Justice? Permalink https://escholarship.org/uc/item/0mn7f78c Journal Berkeley Journal of Middle Eastern & Islamic Law, 4(1) Author Hascall, Susan C. Publication Date 2011-04-01 DOI 10.15779/Z385P40 Peer reviewed eScholarship.org Powered by the California Digital Library University of California RESTORATIVE JUSTICE IN ISLAM Restorative Justice in Islam: Should Qisas Be Considered a Form of Restorative Justice? Susan C. Hascall* INTRODUCTION The development of criminal punishments in the West is a subject of interest for scholars in various fields.1 One of the foundational ideas has been that the movement away from corporal punishment to other forms of punishment, such as imprisonment, has been an improvement. But, such ideas have not gone unquestioned. In Discipline and Punish: the Birth of the Prison, Michel Foucault asserts that the movement away from the punishment of the body and towards the imprisonment of the body through the widespread institution of the prison has resulted in an even more heinous form of punishment: the punishment of the soul.2 In addition, Foucault contends that the focus on rehabilitation in prisons encourages criminality.3 Although he does not directly advocate restorative justice ideas, his criticism of the prison system has given rise * Assistant Professor of Law, Duquesne University, B.A. Texas A&M University, M.A. The Wichita State University, J.D. Washburn University. The author would like to thank her research assistant, Carly Wilson, for all her help with this article. -
The Theory of Punishment in Islamic Law a Comparative
THE THEORY OF PUNISHMENT IN ISLAMIC LAW A COMPARATIVE STUDY by MOHAMED 'ABDALLA SELIM EL-AWA Thesis submitted for the Degree of Doctor of Philosophy in the University of London, School of Oriental and African Studies, Department of Law March 1972 ProQuest Number: 11010612 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010612 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2 , ABSTRACT This thesis deals with the theory of Punishment in Islamic law. It is divided into four ch pters. In the first chapter I deal with the fixed punishments or Mal hududrl; four punishments are discussed: the punishments for theft, armed robbery, adultery and slanderous allegations of unchastity. The other two punishments which are usually classified as "hudud11, i.e. the punishments for wine-drinking and apostasy are dealt with in the second chapter. The idea that they are not punishments of "hudud11 is fully ex- plained. Neither of these two punishments was fixed in definite terms in the Qurfan or the Sunna? therefore the traditional classification of both of then cannot be accepted. -
Meaning and Structure of Law in Islam
Vanderbilt Law Review Volume 16 Issue 1 Issue 1 - December 1962 Article 5 12-1962 Meaning and Structure of Law in Islam Salah-Eldin Abdel-Wahab Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Jurisprudence Commons Recommended Citation Salah-Eldin Abdel-Wahab, Meaning and Structure of Law in Islam, 16 Vanderbilt Law Review 115 (1962) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol16/iss1/5 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Meaning and Structure of Law in Islam* Salah-EldinAbdel-Wahab * * The author proposes in this paper to introduce Islamic law to the reader in a quick survey that dwells on the fundamental origins and recalls the development of Islamic legal institutions. Such a survey will serve as an introduction to more detailed studies of each of the specific fields which will reveal the growth and maturity of that jurisprudence, its diversity and its similarity to our modern legal thinking. I. IMPORTANCE OF Tis STUDY Islam today represents one of the three great world-systems of law.' It is now the oldest in history, dating back more than thirteen consecutive centuries. Its most distinctive feature is that it originated as divine law embodied in God's Scripture, the Koran, and was then developed and nurtured by the native juristic mind of the Arabs. It was firmly accepted by many different races from Oman to Andalusia. -
February 11, 2016 the Honorable Mr. Barack Obama President of The
February 11, 2016 The Honorable Mr. Barack Obama President of the United States of America The White House 1600 Pennsylvania Avenue, NW Washington, DC 20500 Dear Mr. President, As members of parliament from Southeast Asia, dedicated to the promotion and protection of human rights, we write to express our desire for you to make discussion of human rights and the democratic aspirations of the people of ASEAN a priority during the upcoming summit at the Sunnylands estate in California on 15-16 February 2016. As you are surely aware, democracy is struggling in Southeast Asia. Many countries in our region have taken dramatic steps backward in the past two years. While Southeast Asia appeared to be on the cusp of a genuine political transformation only a few years ago, more recently the region has instead witnessed military takeovers, the rollback of fundamental rights, intensifying government-sponsored discrimination against ethnic and religious minorities, and the increasing persecution of activists and opposition voices, including fellow parliamentarians. These setbacks constitute a fundamental threat to the future of the ASEAN Community and the US relationship with it. While we recognize and understand your administration’s desire to strengthen trade and security cooperation with Southeast Asian governments, we urge you to proceed with caution. Human rights, democracy, and basic dignity cannot take a backseat to economic or security prerogatives. Open dialogue on fundamental political and rights-based questions is vital to ensuring the sustainability of bilateral relationships and promoting broad-based benefits of trans-Pacific cooperation. When you sit down with ASEAN leaders in California, we urge you to press them on unfulfilled human rights commitments and to directly raise specific concerns with them. -
Level of Phobia Towards Islam Among Non-Muslim Students of Higher Educational Institution in Malaysia
ISSN 2336-2022 International Journal of Teaching and Education Vol. II (No. 3) Level of phobia towards Islam among non-muslim Students of Higher Educational Institution in Malaysia Azizah Hussin Nawi Ismail Mohd Zamri Ali Azizah Hussin: Kelantan University of Malaysia, Universiti Malaysia Kelantan, Beg Berkunci No 01, Bachok, Kelantan 16300, Malaysia. Email: [email protected] Navwi Ismail: Universiti Malaysia Kelantan,Email: [email protected] Mohd Zamri Ali: SK Lepan Jaya Gua Musang Kelantan, Malaysia. Email: [email protected] Abstract This paper focuses on the level of phobia among non-muslim students of Educational Institution in Malaysia. In this paper, the history of islamophobia is also discussed briefly. Islamofobia is not a new issues in the world. It’s already exist since the emergence of Islam (religion of Allah). Almost all the prophets, during their time faced rebellion and revolt from those who were against Islam. But the resistance towards the prophets were different based on the races, skills (given by Allah) and current situation. Almighty to Allah, all the problems, obstacles and resistance had been handled and settled wisely by the prophets. Anti Islam or islamophobia happened in the past and it is still there even today. Islamophobia increased after the terrific event in “September 11, 2001”. Most of the muslims from western countries were treated badly. Fortunately, in Malaysia non-muslims live comfortabily and in harmony. But then, there are certain cases of islamophobia happen. Nevertheless, it is not serious. This paper analyses islamophobia among non-muslim students in Educational Institution. The purpose of this paper is to find out the level of islamophobhia among them. -
Annual Report 2019 Annual R Epo T 2019 Commission of M Alaysia Human Rig H Ts
HUMAN RIGHTS COMMISSION OF MALAYSIA ANNUAL REPORT 2019 ANNUAL ANNUAL R EPO R T 2019 COMMISSION OF HUMAN RIG H TS HUMAN RIGHTS COMMISSION OF MALAYSIA M SUHAKAM ALAYSIA Level 11, Menara TH Perdana, 1001, Jalan Sultan Ismail, 50250 Kuala Lumpur. URL: http://www.suhakam.org.my HUMAN RIGHTS COMMISSION OF MALAYSIA ANNUAL REPORT 2019 FIRST PRINTING, 2020 Copyright Human Rights Commission of Malaysia (SUHAKAM) The copyright of this report belongs to the Commission. All or any part of this report may be reproduced provided acknowledgment of source is made or with the Commission’s permission. The Commission assumes no responsibility, warranty and liability, expressed or implied by the reproduction of this publication done without the Commission’s permission. Notification of such use is required. All rights reserved. Published in Malaysia by HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM) 11th Floor, Menara TH Perdana 1001 Jalan Sultan Ismail 50250 Kuala Lumpur E-mail: [email protected] URL : http://www.suhakam.org.my Printed in Malaysia by Mihas Grafik Sdn Bhd No. 9, Jalan SR 4/19 Taman Serdang Raya 43300 Seri Kembangan Selangor Darul Ehsan National Library of Malaysia Cataloguing-in-Publication Data ISSN: 1511 - 9521 MEMBERS OF THE COMMISSION 2019 From left: Prof. Dato’ Noor Aziah Mohd. Awal (Children’s Commissioner), Dato’ Seri Mohd Hishamudin Md Yunus, Datuk Godfrey Gregory Joitol, Mr. Jerald Joseph, Tan Sri Othman Hashim (Chairman), Dato’ Mah Weng Kwai, Datuk Lok Yim Pheng, Dr. Madeline Berma and Associate Prof. Dr. Nik Salida Suhaila -
Islamic Criminal Law and Procedure: Religious Fundamentalism V
Boston College International and Comparative Law Review Volume 12 | Issue 1 Article 3 12-1-1989 Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law Matthew Lippman Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Criminal Law Commons, History of Religions of Western Origin Commons, Islamic World and Near East History Commons, and the Religion Law Commons Recommended Citation Matthew Lippman, Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law, 12 B.C. Int'l & Comp. L. Rev. 29 (1989), http://lawdigitalcommons.bc.edu/iclr/vol12/iss1/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law by Matthew Lippman* In English, Islam means "submission" or "surrender." In relation to the Islamic religion, it means that individuals should submit or surrender to God's will. Islamic law, Shari'a, provides the "path to follow" for salvation,! Today, the Moslem world is witnessing a resurgence of Islamic fundamental ism,2 A central and controversial tenet of this movement is the incorporation of Koranic criminal law and procedure into domestic legal systems,3 Professor Joseph Schacht writes that law "remains an important, if not the most important, element in the struggle which is being fought in Islam between traditionalism and modernism under the impact of Western Ideas,"4 This article outlines the evolution and substance of Islamic criminal law and procedure and reviews some of the human rights issues raised by the return to Koranic criminal law, 5 1. -
Revisiting Islamic Punishment and Its Implementation in the Contemporary World
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by E-Journal IAIN BATUSANGKAR Internasional Conference on Humanity, Law and Sharia (ICHLaSh). November 14-15. 2018 REVISITING ISLAMIC PUNISHMENT AND ITS IMPLEMENTATION IN THE CONTEMPORARY WORLD Nasimah Hussin International Islamic University Malaysia Email: [email protected] Abstract: The demand for infusing Islamic law, particularly Islamic criminal law, into the administration of justice and the judicial system in Muslim countries has become an important issue today. Numerous conferences and seminars on Islamic criminal law have been held on ways of introducing this law. Our neighbour, Brunei as well as Aceh declared its decision to enforce an Islamic penal system in the respective states. For many Muslims they believe that implementation of hudud are the essential requirement for consideration to be a Muslim state. In reality, the infliction of hudud punishments is almost impossible due to the very strict requirements regarding the procedure of establishing the crimes. On contrary, it is obvious that the scope of discretionary punishment or ta‘zir is very wide as compared to the limited nature of hudud and qisas. Besides, ta‘zir crimes and punishments are left unspecified in the Shariah texts so as to make them appropriate to the changing requirements of a society as it develops. This paper seeks to highlight this issue so as to indicate the flexibility of Islamic criminal law which can be adapted according to different times and places and remains compatible with the demands of the modern world. Keywords:. Introduction The most fundamental purpose of the Shariah is the protection of the five basic necessities of the human being i.e. -
Is Diya a Form of Clemency?
\\jciprod01\productn\B\BIN\34-1\BIN104.txt unknown Seq: 1 15-FEB-16 10:53 IS DIYA A FORM OF CLEMENCY? Daniel Pascoe* INTRODUCTION ................................................... 150 R I. BACKGROUND ON DIYA ................................... 152 R A. Diya as a Pre-Islamic Tribal Tradition ................. 152 R B. Diya in Classical Islamic Law ......................... 154 R II. THE CONTEMPORARY PRACTICE OF DIYA ................. 157 R A. The Relevant Countries ................................ 157 R B. Trends in Modern Diya Practice ....................... 158 R III. DEFINING “CLEMENCY” AND “PARDON” GRANTS ......... 162 R A. Brief Background to the Clemency Power ............. 162 R B. Types of Clemency .................................... 163 R IV. VARIETIES OF DECISION-MAKERS BEHIND CLEMENCY OR PARDONS ................................................. 166 R V. DISCUSSION: DIFFERENCES AND SIMILARITIES ............. 167 R A. Differences between Diya and Clemency and Pardons . 167 R B. Similarities between Diya and Clemency and Pardons . 169 R CONCLUSION: IMPLICATIONS FOR HUMAN RIGHTS LAW AND SCHOLARLY DISCOURSE ................................... 176 R ABSTRACT Under Islamic Sharia Law, diya is the payment of “blood money” to compensate for death or injury caused by a serious offense against a person and to provide the perpetrator relief from retaliation in kind. The question of whether diya in a murder case constitutes a form of clemency or pardon — that is, a final non-judicial relief against a death sentence, commonly granted by the executive — is an important issue that has not been sufficiently addressed by scholars of Islamic Law or by scholars of capital punishment. In this Article, I argue that while diya may bear many conceptual similarities to clemency and pardon as understood in secular common law systems, diya should not be exclusively considered through this lens for the purposes of the interpretation of international human rights law and for the future * Assistant Professor, School of Law, City University of Hong Kong. -
Opposition Mps Want Najib to Explain MH370 Search Mission Malaysian Insider 12 March, 2014 by Jennifer Gomez
Opposition MPs want Najib to explain MH370 search mission Malaysian Insider 12 March, 2014 By Jennifer Gomez The Prime Minister should come to Parliament tomorrow to give updates and explain the methods used in the search and rescue mission to find the missing Malaysia Airlines (MAS) flight MH370, opposition MPs said today. This is because so far there has been conflicting information over various issues, including whether the Beijing-bound flight had made a turn back towards Kuala Lumpur, said First Admiral (R) Mohamad Imran Abdul Hamid. "Don't give false hope to the people after five days," he said during the debate on a motion of thanks to the King. Imran was referring to Malaysia's air force chief denial as reported by Berita Harian that military radar had tracked the lost passenger jet turning back and flying to the Strait of Malacca. The pro-government Bahasa Malaysia daily had quoted Tan Sri Rodzali Daud as confirming that the RMAF Butterworth airbase had detected the location signal of the airliner as indicating that it turned back from its original path to the direction of Kota Baru, Kelantan, and was believed to have passed through the airspace of the east coast of and northern Peninsular Malaysia. "The last time the plane was detected by the air control tower was in the vicinity of Pulau Perak in the Straits of Malacca at 2.40am before the signal disappeared without any trace," he was quoted as saying by Berita Harian. At this juncture Khalid Samad (PAS-Shah Alam) questioned why this information was only coming out days later. -
EDISI 78 • 26 NOVEMBER - 2 DISEMBER 2017 • Amanah
BIL 78 26 NOVEMBER - 2 DISEMBER 2017 Kami setia KPK, Karbon Kredit, Kedudukan Wisma Tok Guru Pas akhirnya kepada Raja, Hutan Pahi rugikan selepas injunksi masuk perangkap bukan mahu rakyat, guling kata kerajaan Husam ms8 ms8 ms9 KETIKA seluruh pihak diulit mimpi, sekumpulan anak muda penyokong Pakatan Harapan mengambil keputusan untuk membuat bantahan kenaikan harga minyak yang disifatkan paling tinggi sejak 2016 di perkarangan bangunan Parlimen. Shazni Munir, Naib Ketua Pemuda Selain itu, mereka juga berbasah kuyup AMANAH terus ketika hujan dan berpeluh ketika panas membuat piket bagi menyampaikan mesej bantahan ketika hujan bagi membantah kepada pemimpin negara itu. Hasilnya kenaikan harga harga petrol turun 8 sen dan Diesel 2 sen minyak di perkarangan pada bermula 23 November hingga bangunan 29 November. Parlimen. Mereka tidur, berhujan dan Laporan berpanas bagi penuh menyampaikan muka 2 mesej bantahan kepada pemimpin negara. 2 NASIONALNASIONAL EDISI 78 • 26 NOVEMBER - 2 DISEMBER 2017 • Amanah Solat di tengah hujan bantah kenaikan harga minyak ETIKA seluruh pihak diulik mimpi, masih meneruskan flashmob (aksi kilas) di sekumpulan anak muda penyokong depan Parlimen walau tanpa tanpa tempat KPakatan Harapan mengambil kepu- berteduh. tusan untuk membuat bantahan kenaikan “Tanpa khemah dan kami akan terus di harga minyak yang disifatkan paling tinggi sini. Kami tidak mahu bergaduh dengan sejak 2016. penguatkuasa atau mana-mana penjawat Untuk November 2016, harga baru RON awam,” ujarnya kepada media. 95 ditetapkan pada RM1.95 seliter, RON97 Terdahulu, kira-kira 20 penguatkuasa dan pada RM2.30 seliter dan diesel pada RM1.90 pegawai DBKL meroboh dan merampas seliter, yang merupakan kenaikan 15 sen khemah peserta. untuk setiap jenis minyak.