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All Journal Mazahibuna: Jurnal Perbandingan Mazhab Al-Istinbath: Jurnal Hukum Islam
Hamza Abed Al Karim Hammad
United Arab Emirates University
Religion Law, Crime, Criminology & Criminal Justice

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I'adah al-Nadzr (Reconsideration): A Critical Comparative Study between Indonesian Law and Saudi Arabian Law Perspectives (Fiqh Murafa’at) Islamul Haq; Muliati Muliati; Muhammad Majdy Amiruddin; Nur Misyuari Maddolangeng; Hamza Abed Al Karim Hammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (596.202 KB) | DOI: 10.29240/jhi.v7i2.5248

Abstract

The purpose of this study was to ascertain the murafa’at fiqh (Saudi Arabian Law) and the Indonesian Criminal Procedure Code's perspectives on a convict's plea for i’adah al-nadzr (reconsideration). This was a normative juridical inquiry, which entailed poring over relevant material to gather data, assess content, and draw similarities between positive law and Islamic criminal law. The findings of this study indicated that review in positive law, referred to in Saudi Arabia's murafa’at fiqh as i’adah al-nadzr/al-muhakamah, attempted to ensure legal justice and judge justice in their rulings. There were parallels between positive law and murafa’at fiqh in terms of the justifications for filing reconsideration. There were, however, distinctions regarding the giyabi case as a basis for submitting reconsideration. In Saudi Arabia's murafa’at fiqh, the reconsideration application in the giyaby case could be accepted, although positive law did not cite the giyaby ruling as a reason to seek reconsideration. Positive law, on the other hand, provides for the possibility of resistance (verzet) if the defendant was not present in court and has not protested Verstek's ruling. Another parallel between positive law and Saudi fiqh murafa’at was seen in the reconsideration application regulations, which prohibited suspending the execution of rulings. However, the researcher notes that this rule cannot be applied universally.
Tracing the Rules of Sexual Abnormality in the Islamic Jurisprudence Hannani; Hamza Abed Al Karim Hammad; Zulfahmi AR
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.35794

Abstract

Sexual abnormality or deviation is a social disorder that is considered a violation of social norms and expectations of civility. Such behavior is deemed deviant because it goes against religious rules and values upheld by society. This research aims to establish a middle ground between sexual deviation and Islamic jurisprudence with regard to sexual deviation activities. To achieve this, a comprehensive review of linked data sources was conducted using qualitative and literary research. The findings showed that certain types of sexual deviance such as sadomasochism, exhibitionism, voyeurism, fetishes, and others have not been extensively discussed in fiqh books. According to the rules of Uşul Fiqh, "al-wasāil laha hukmu al-gāyah ", indicates that the law of means (instruments) follows the law of purpose. This shows sexual deviance is considered one of the means to adultery, and as such, it falls under the law of adultery.
Co-Authors Amiruddin, Muhammad Majdy Hannani Hj. Muliati Islamul Haq, Islamul Nur Misyuari Maddolangeng Zulfahmi AR