Monday, June 21, 2010

Why Islamic Law is Still Up to Date?

A friend feel astonish knowing Islamic Law is still in force in many country until know. The age of Islamic Law is over than a thousand years old. He think it’s too old and out of date. Does legislature never work so the ancient law is still in forced? he asked.


Quran and Hadist as legal source of Islamic Law, regulate many aspect of law, such: Marriage Law, Inheritance Law, Contract Law, Criminal Law, Private Law, Discipline Principle, Consultation Principle, Military Law, even International Law. Of cource, those matters are regulated in outline. Why? That’s special of Islamic Law.

Islamic Law is created by Allah, God the creator of world and its content including human. God’s knowledge include human in past time, human at present, and human in the future time. Yes, only God knows about human’s needs, time to time, everywhere. God knows human always needs rules, so God gave Quran. Needs of human in a region/country sometimes different from other region/country, that’s the reason Quran regulates in outline. In order that Islamic Law experts commit ijtihad freely to determine the rule that suitable with situation and condition of a community or region, as long as not contravene with Quran and Hadist. Ijtihad also done if there is something new that not ruled in Quran and Hadist. So is if something (rule) that out of date. Once, as long as not break Quran and Hadist. That’s why Islamic Law is elastic, always according to development of human civilization. Always up to date!

Perhaps the Imran Ahsan Khan Nyazee’s illustration is easier to be understood. Islamic Law, that live and develop in this world, is described as a tree that deeply root, has a big stem, has a lot of branchs and a lot of twigs, has a lot of leaves and a lot of fruits. The root is Quran and Hadist. The stem is developed by fugahas’ formulation all-time. The leaves and fruits are developed by state by modern legal products and jurisprudences. The leaves can be ordered, the small twigs and parasites destroying the tree can be cut. But root and stem must not discharged, because discharging them is same with discharging root and stem of Islamic Law as God’s law.

So, legislature is still work. But legislature's duties are concerned with rules that relevant to a country/region, as long as not contravene with Quran and Hadist. Legislature's law products are the leaves that can be ordered, in order that relevant to development of human civilization.

That’s I know. I’m still learning, and always will learn because God’s science is very, very width. By the way, I just found legal source of asylum (political asylum) in Quran (4:90). Wow….

Thursday, June 10, 2010

Adultery is not Adultery?...

This week public of Indonesia is shocked by blue videos on internet. It’s about sexual activity that probably done by 2 public figures, Mr. AP and Ms. LM. And now, public is reshocked by 2nd video on internet, that done by (probably) Mr. AP and Mrs. CT. I use word ‘probably’ because those haven’t be proved, although an ICT expert said that it’s 90% true.

If those video true, can Mr. AP, Ms. LM, and Mrs CT be indicted?

According to Criminal Law Code (Kitab Undang-undang Hukum Pidana/KUHP) article 284, adulterers can be prisoned maximum for 9 months. But, still according to this article, an action can be called adultery (perzinahan) if done by people that one of them or they all binded in wedlock. An unmarried man and a married woman, or an unmarried woman and a married man, or a married man and a married woman that they are not husband and wife. And indictment only can be done if there is complaint (pengaduan) from one that gets disadvantage because of the adultery.

On the video of Mr. AP and Ms. LM (if true they are), according to Criminal Law Code, their behavior is not adultery, because both Mr. AP and Ms. LM are not in wedlock with anyone. They are unmarried people. So they cannot be indicted with the article 284 (adulterous article).

It’s different from video of Mr. AP and Mrs. CT (if true they are). Because Mrs. CT is someone else’s wife (married woman), so can be said that she and Mr. AP commited adultery. They can be prisoned if Mrs. CT’s husband indict them. But…, on an interview, he looked not believe that his wife on the video. So, probably will not be indictment of adultery.

That’s Indonesian Criminal Law that product of Dutch Colonial. They are lucky (once, if true they are), because in Indonesia (except in province of Nangroe Aceh Darussalam) Islamic Criminal Law is not in forced. So they are avoided from 100 lashings or stoning to dead. Because, according to Islamic law, sex without marry or free-sex is adultery (zina). And Adat Law is too. And public is too….