HANIFATUL FAUZIAH
B1A122233
MID-SEMESTER EXAMINATION
ISLAMIC LAW
1. What do you know about Islamic law? What are the differences between Syariah
and Fiqh! Why Syariah is commonly not applicable? (With your own words)
Islamic law, also known as Sharia or Shariah, is the religious legal system that
governs the Muslim community. Islamic law is god-made law, that’s a rule from Allah
SWT gave down to his servants, both connected to Aqidah, worship, morals, muamalat,
and living system in many ways for their pleasure in this world and the hereafter. It is
derived from the teachings of the Quran and the Sunnah (the practices and sayings of the
Prophet Muhammad). It encompasses all aspects of Muslim life, including personal
ethics, family law/, business transactions, and criminal law.
Sharia literally means the route to the source (spring) of water, essentially the straight
path that every Muslim must follow. Sharia is the Muslim way of life, Allah's decrees and
His Messenger's provisions, both in the form of prohibitions and directives, covering all
elements of human existence and life.
Fiqh is the science entrusted with finding and articulating the basic legal principles
included in the Koran as well as the general requirements contained in the Prophet's
Sunnah as reported in the hadith collections.
Differences between sharia and fiqh
a. Sharia
1) Derived from the Qur'an and As-sunnah
2) Fundamental
3) The law is Qath'i (unchanging)
4) The Sharia Law is only One (Universal)
5) Directly from Allah which is now contained in the Qur'an
b. Fiqh
1) Human work that is subject to change
2) Fundamental
3) Its rulings can change
4) Many varieties
Although Sharia law is somewhat enforced in Indonesia, notably in the Aceh area, it
is not widely used throughout the country. This is due to a number of factors.
To begin with, Indonesia is a varied country with several ethnic groups and faiths.
While Muslims constitute the majority of Indonesians, there are also large groups of
Christians, Hindus, Buddhists, and others. Applying Sharia law more broadly may be
perceived as favoring one faith over another, which may lead to friction and violence.
Second, Indonesia has a secular legal system, which means that the country's laws are
not based on religious views. Religious freedom and equality before the law are guaranteed
by the constitution, and any legislation must adhere to these objectives.
third, there is a lack of political will to expand the application of Sharia law. While
certain political parties and groups have asked for Sharia law to be implemented in Indonesia,
others believe that it might be used to discriminate against minorities and women, and that
those in power could misuse it.
Lastly, there are worries regarding Sharia law's conformity with Indonesia's
democratic and pluralistic ideals. Some Indonesians believe Sharia law will weaken the
country's democratic institutions and marginalize particular communities.
Ultimately, the topic of Sharia law implementation in Indonesia is complicated and
difficult, with good arguments on both sides. Hence, the choice to expand the application of
Sharia law in Indonesia rests with the Indonesian people and government.
2. Please explain two sources of Islamic law and provide examples of each!
There are two kind of Islamic law sources :
1. Primary source
This is the main source of Islamic law. These sources provide the foundation for
all Islamic legal principles and rulings.
Qur’an
The Quran is the holy book of Islam, believed by Muslims to be the word
of God as revealed to the Prophet Muhammad. It contains a wide range of
teachings and guidance on various aspects of life, including moral and
ethical values, family law, and criminal law. Islamic scholars derive legal
rulings from the Quran by analyzing its verses and extracting the legal
principles contained within them. For example, the Quran prohibits the
consumption of alcohol, and this prohibition is one of the foundational
principles of Islamic criminal law
Sunnah
Sunnah is saying, action, agreement from prophet Muhammad SAW. he
Sunnah refers to the practices and sayings of the Prophet Muhammad, as
recorded in the Hadith literature. The Hadith contains a vast collection of
narrations of the Prophet's words, actions, and teachings. Islamic scholars
derive legal rulings from the Sunnah by examining the Prophet's actions
and teachings on specific issues.
2. Secondary source
This source is completing or supporting source of Islamic law. For example like
Qiyas, Ijma’, Custom.
3. Who shall become a subject of law in Islamic law? In what conditions that a
person (muslim) shall not liable/responsible for any criminal offense,
according to Islamic law?
In Islamic Law, the legal subject (mahkm 'alaih) is a mukallaf, or a person who has
met the standards for legal ability.
In Islamic Shari'ah, criminal responsibility is the weight placed on a person
by the outcomes (implications) of acts (or lack thereof) taken of his own
will, where he is aware of the objectives and consequences of his conduct.
In Islamic Shari'a, criminal liability can exist if three factors are followed,
namely;
1). The occurrence of an act The existence of a prohibited/illegal conduct.
2) The act is performed on his/her own volition, and
3). The culprit is aware of the repercussions of his acts.
Illegal conduct give rise to criminal culpability. Criminal culpability
requires the fulfillment of two conditions: "al idrk" (knowing) and
"Ikhtiyr" (choice). There is no criminal culpability if one of the
requirements is not met Criminal responsibility.
Illegal activities are classified according to their severity. These degrees
are caused by a person's crime, which is intimately tied to his qosad
(intention), both purposefully and unintentionally. This purposeful act is
separated into two parts: merely intentional (al-"amdi) and intentional
(al-"amdi) (syibhu al-"amdi). However the error is also separated into two
components, namely those that are mistaken exclusively (al-khaa") and
those that are equated with mistakes (Ma jaro Majro al-khaha").
Factors influencing criminal responsibility, Factors influencing criminal
responsibility include the influence of ignorance, forgetfulness, and
mistakes, as well as the influence of willingness. Being Jarmah's Object in
Criminal Liability. Such as being willing to be murdered or persecuted, as
well as acts linked to jarimah and their relationship with the criminal.
connected to the jarimah and its relationship with criminal liability;
includes direct action, Actions of cause or Acts of condition.
Criminal culpability can be avoided by taking the following actions: 1.
Criminal accountability includes: carrying out Shari'ah provisions due to
position, force, self-defense, shubhat, forgiveness, death of the culprit,
repentance, expiry date, education and teaching, therapy, sport, and death
of the perpetrator. Education and teaching, medicine, athletics, and the
elimination of safety assurances are all examples.
4. How do you explain that Indonesian Positive Laws are part of Islamic law? Please
elaborate on your answer!
