Browsing by Author "Hadi, Muhammad Yusran"

This research aims to study the topic of contemporary issues in implementation of Shari’ah hudud in light of the Maqasid al-shari’ah(Objectives of Shari’ah). The research deals with the definition of maqasid al-shari’ah, its categories, argumentations and justifications, importance in exercising ijtihad in contemporary issues and its specific characteristics. It also deals with the definition of Hudud, its types, crimes, the difference between Hudud, ta’zir (punishment) and qisas (retribution), and its specific characteristics. The definition of shari’ah was expounded by examining its contents, sources, the people’s need for it, and their specific characteristics. The importance of implementing Hudud as a legislative obligation is also discussed. The research then explains the maqasid al-shari’ahin the context of the implementation of Hudud in general and the specific application of Hudud law. Towards the end, the research explains the contemporary issues facing the implementation of Hudud especially the confusions that have arisen around it and the challenges involved. It then provides proposed solutions to these issues from the intellectual, cultural, political and social domains. The researcher has adopted the inductive method to gather information and the analytical method to analyse the said information in the light of maqasid al-shari’ah. The researcher, at the conclusion of this research, has identified that the shari’ah has specific characteristics and maqasid in its legislation, and that it is suitable for all times and all places. Secondly, its implementation, including the laws of Hudud, is also obligatory upon every Muslim including Muslim leaders. Thirdly, the implementation of Hudud is to protect al-kulliyyat al-khams (the five basic needs), and also the realisation of justice, expiation of sins for criminals, their rehabilitation and reformation to prevent them to return to crime, realising peace and serenity in the society, upholding mercy for the ummah and protecting virtue in society. Fourthly, the contemporary issues that have prevented the implementation of Hudud whether it is confusion surrounding the laws of Hudud or the challenges facing its implementation were cleared up and proposed solutions from the intellectual, cultural, political and social aspects were given to address the challenges that have arisen.

The research focuses on the contemporary study of two zakat group beneficiaries, namely “those whose hearts have been reconciled” and “those who are in the cause of God”. The study explains the linguistic and the technical meaning of the two terms. It also puts forwards the views of the past jurists, exegetes, and traditionists as well as their modern counterparts. The discussion of their legal proofs and preponderance opinions are carried out therein. The study shows the importance of the two group beneficiaries especially in materializing the objective of da'wah and defending Islamic country from its enemy nowadays. It explains the Muslim's needs of these two beneficiaries, especially on its aspect of possible application in contemporary life. The study is conducted through inductive and analytical method. Among the findings of the study are; the beneficiary of “those whose hearts have been reconciled” is still applicable and never be abrogated until the last day. Moreover, Muslims nowadays are even in a grater need of this group beneficiary to promote their da'wah and to defend their country and belief from cultural and intellectual aggression of various ideologies such as secularism, Zionism, Christianity, etc. As for the question of the beneficiary “those who are in the cause of God” this researcher affirms the view of the Muslim majority that the meaning of it is jihad and fighting. However, the meaning of jihad is not limited only to war, but also includes the struggle between Muslim and its enemy. Hence jihad would also cover the struggle via writing and speaking, and of course fighting. Sometimes jihad takes a form of intellectual, educational, economic, political struggle and not only military one. So everyone who is struggling to promote the word of God is in the cause of God. The significance of this beneficiary is therefore very clear especially nowadays to assist those who fight for the cause of God in every aspect of life. This it self is a means to spread the word of God on earth and to raise the flag of tawheed and Islam.