Browsing by Author "Muntaha bin Artalim Zaim, Ph.D"

This study examines the judicial and legal meanings of character assassination and the criteria that measure the true definition of character assassination. The researcher adopted the inductive, comparative and analytical methods. The inductive method was used by the researcher in referring to the classic and contemporary writing in books, journals, articles, official websites, and interviews on the issue of character assassination. The comparative method was also employed in comparing between the Islamic jurisprudence and Indonesian law. In addition, the analytical method was used to collect, discuss and analyze the data such as texts, views of Islamic Jurisprudence and Indonesian law, interview with the committee of fatwa – at the Council of Indonesian Moslem Scholar. The results of the study showed that character assassination has criteria or measurements that must be completed; one is not guilty of charge when the measurement is absent. Character assassination is categorized under the crimes of Ta’zir which imposes different types of sanctions, ranging from the mildest to the most severe punishment like death sentence. The study found that the practice of character assassination is a phenomenon of public perception within society and could only be dealt with modern legal means rather than through Islamic Jurisprudence.

This research discussed the Peaceful Coexistence and its importance in achieving state security Maqṣad al-Amn in the community of Penang. It is one of the states in Malaysia where people live in a society comprised of different backgrounds in terms of religion, culture and language, but is currently governed by non-Muslims. The method used in this study is the inductive method in order to understand peaceful coexistence in Penang in light of Maqṣad al-Amn. The current paper also used an analytical approach in order to respond to the issues in Penang. Additionally, the research analysed the history of Malaysia, Penang and its society from the Malays, Chinese, Indians, and the minorities of Baba Nyonya and Jawi Peranakan. The researcher explained the roles of human beings as a successor in this world, peaceful coexistence in accordance to Islamic jurisprudence, and gave suggestions in achieving the goal of Maqṣad al-Amn in the Penang community. It is hoped that the research benefits the Malaysian community in general and the Penang community in particular in promoting national unity through the application of the Maqṣad al-Amn.

Though Indonesia is one of the most populous Muslim countries in the world, it is not an Islamic state that views life in a state under Islamic law as a necessity. The constitution of Indonesia is Pancasila which serves as an ideology and a life guidance for Indonesian people in the public life. From the dawn of the era of reform until now, there have been some Islamic movements in Indonesia struggling to formalize the application of Islamic law in the context of the state. Is it acceptable to replace the constitution of the Republic of Indonesia by a constitution entirely based on Islamic law - which automatically transforms Indonesia to be an Islamic state? And what shall be prioritised when the preservation of national unity is imbued with Islamic legal provisions and they in turn contradicts the establishment of the whole Islamic law which potentially leads the state into the abyss of violent secession and/or civil war?. This research aims to find the answer by employing the inductive and analytical method which involves gathering and analysing materials relevant to the research; stemming from the concept of the Republic of Indonesia and its origins, to an in-depth discussion on the issue of abandoning Pancasila or staying on it. This research is specific in investigating the form of the state of Indonesia and its discussions, and the rhythm of examining the status of the application of Islamic law only on Islamic movements and not other national movements. The researcher has reached several results; that Indonesia is not a Dar al-Kufr that requires change and replacement and replacing Pancasila with a constitution and a set of laws based entirely on Islamic law at the present time would entail a greater mafasid. Additionally, the Republic of Indonesia can also be regarded as a manifestation of the concept of Dar al-Islam; since there is a guarantee of security on life, wealth and dignity and freedom to practice the religious rites of Muslim.