Islamic Law In The Pancasila State

There is no end until there is total submission by all non-muslims to the ‘laws’ of Islam. Under a truly Islamic regime, people are allowed to believe and practice in the faith they want to.

However, non-Muslims in an Islamic state are not given the privileges of Muslims. For example, non-Muslims pay separate (often higher) taxes, such as the Jiziyah tax. Even in the criminal code, a Muslim thatkills a non-Muslim cannot be given death penalty. So, even if religion is not coerced and often non-Muslims will have the option of having their own laws (including criminal code within their society), it is a fact that having a different religion means being treated differently in an Islamic state—contrary to the (supposed) western notion that religions should not affect rights and responsibilities as a citizen. The case has been widely watched by legal scholars, as it is one of the first instances of an international legal body ruling on the legality of multiple legal systems operating in the same country.

A number of Muslim-majority countries have retained criminal penalties for homosexual acts enacted under colonial rule. In recent decades, prejudice against LGBT individuals in the Muslim world has been exacerbated by increasingly conservative attitudes and the rise of Islamist movements, resulting in Sharia-based penalties enacted in several countries.

JILFaS sincerely invites Muslim Scholars all over the world to disseminate their original research and thoughts in the journal to have Muslim world benefit from them. In Maru and Kaura Namoda local governments, the prosecution eventually dropped the case following objections by the lawyer. The nongovernmental organization Legal Defence and Assistance Project (LEDAP), which is based in Lagos but has representation in the north, became involved in a pilot training project for judges. By mid-2004, they had trained between 400 and 500 upper and lower Shari’a court judges in Kano, Katsina, Bauchi and Jigawa states, and about 10 percent of prosecutors from these states.Each course lasted two days. The training included sessions on international human rights law, due process, fair hearings, the rights of women, and comparisons with other countries which apply Shari’a, especially those which, like Nigeria, follow the Maliki school of thought.

On appeal by Refah the European Court of Human Rights determined that “sharia is incompatible with the fundamental principles of democracy”. Refah’s Sharia-based notion of a “plurality of legal systems, grounded on religion” was ruled to contravene the European Convention for the Protection of Human Rights and Fundamental Freedoms. It was determined that it would “do away with the State’s role as the guarantor of individual rights and freedoms” and “infringe the principle of non-discrimination between individuals as regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy”.

In an analysis, Maurits S. Berger found the ruling to be “nebulous” and surprising from a legal point of view, since the Court neglected to define what it meant by “Sharia” and would not, for example, be expected to regard Sharia rules for Islamic rituals as contravening European human rights values. Kevin Boyle also criticized the decision for not distinguishing between extremist and mainstream interpretations of Islam and implying that peaceful advocacy of Islamic doctrines (“an attitude which fails to respect [the principle of secularism]”) is not protected by the European Convention provisions for freedom of religion. It starts with small concessions – prayer calls many times a day (and from a growing number of locations); accommodation for prayer in schools and at work – then as their strength grows they get more emboldened for larger demands and aim to supplant local law with Sharia law.

It’s also garnered much attention in Greece, where the parliament passed a law limiting the power of Islamic courts in 2018, including a guarantee that Muslims can have their disputes settled before a Greek civil court. The European Court of Human Rights ruled that Greece must pay a Muslim widow damages for applying Islamic religious law to a dispute over inheritance from her late husband. Journal of Islamic Law and Family Studies (JILFAS) is the scholarly journal that publishes original and contemporary researches and thoughts concerning with Islamic Law, Family Studies and other studies relating to marriage, Islamic law of inheritance, gender, interreligious marriage, and human rights as well.

And while these reformers were unable to achieve their most ambitious goals in the Compilation of the Islamic Law, modest improvements in the legal status of women are being made in Indonesia. Since ‘shari’a’ is such a broad term with multiple meanings, when Muslims say in a survey that they ‘support shari’a’ they could mean a number of different things. No doubt some will be thinking of the re–establishment of laws that promote socially conservative values. But others may mean specific changes to English family law, such as the legal recognition of Islamic religious marriage, which would be no bad thing (see below). Others may simply mean the establishment of a government which is just and protects its citizens’ rights.

The death penalty for homosexual acts is currently a legal punishment in Brunei, Iran, Mauritania, some northern states in Nigeria, Pakistan, Qatar, Saudi Arabia, parts of Somalia, Sudan, and Yemen, all of which have Sharia-based criminal laws. It is unclear whether the laws of Afghanistan and United Arab Emirates provide for the death penalty for gay sex, as they have never been carried out. Criminalization of consensual homosexual acts and especially making them liable to capital punishment has been condemned by international rights groups. According to polls, the level of social acceptance for homosexuality ranges from 52% among Muslims in the U.S. to less than 10% in a number of Muslim-majority nations. In 1998 the Constitutional Court of Turkey banned and dissolved Turkey’s Refah Party over its announced intention to introduce Sharia-based laws, ruling that it would change Turkey’s secular order and undermine democracy.

Still others, including less religious Muslims, may not have anything in particular in mind when saying they ‘support shari’a’, beyond a vague feeling of loyalty to a concept they know is important to their religion and community. Homosexual intercourse is illegal in classical Sharia, with different penalties, including capital punishment, stipulated depending of the situation and legal school. In pre-modern Islam, the penalties prescribed for homosexual acts were “to a large extent theoretical”, owing in part to stringent procedural requirements for their harsher (hudud) forms and in part to prevailing social tolerance toward same-sex relationships. Historical instances of prosecution for homosexual acts are rare, and those which followed Sharia rules are even rarer. Public attitudes toward homosexuality in the Muslim world turned more negative starting from the 19th century under the influence of sexual notions prevalent in Europe at that time.

This entry was posted in Uncategorized. Bookmark the permalink.