Criminal Law Based On Islamic Perspective.

In the name of Allah, the Beneficent, the Merciful.

I greet you all my brothers and sisters of my muslim relatives with the Islamic greeting of peace, assalamualaikum w.b.t.

Alright, what I promised, I must deliver it. But, first of all, I know that today is Sunday. So, sorry. I just got back to Kuala Lumpur by this evening. Despite all of my activities, I do still trying my best to post this entry. Ok, lets get straight to the point.

What is the objectives of this entry ?

1. I made my promise to post this entry

2. In my entry which regards to the bribery crime, I did mentioned pertaining to my suggestion that for this kind of offence, death sentence should be put forward. So, my suggestion is based on what? I will answer it in this entry.

I don't think it is necessary for me to go from the most basic points, so I will explain what is only pertaining to my objectives only.

As we know, criminal law based on Islamic perspective is not merely lie on Hudud only. Be clear about that. The other types of criminal law apply is Ta'zir.

So, what is ta'zir ?

Literally, it means 'preventing'. But conceptuality (shortly), it refers to a punishment which is not has been stated neither in the Qur'an nor Hadith.

What are the examples of offences which fall under this concept ?

There are as such as lying, bribery, gambling, lying and etc.

What are the types of punishments apply under this concept ?

Isolating, fine, advice, imprisonment, strokes, death and etc.

See the words bribe and death ?

Another important points that you have to keep in mind is, this type of criminal law is a discretionary kinds of law which will be decided by the judge called Cadi. Basically, the decision is depends on the degree of seriousness which is regards to the consequences toward the society and so on.

Thank you. Peace be upon you. ^^o

"Heaven Is A Place On Earth" ?

Assalamualaikum w.b.t..

In the name of Allah, the Beneficent, the Merciful.

Read the title of this entry first. It is a title of a song, sing by Katie Thompson. Ever heard about this song ? I bet you had. Well, not all of you, some of you might have heard it. It's not going to be a long entry. Just this..

Narrated by Abu Hurairah r.a that Rasulullah s.a.w (peace and blessing be upon him) said "The world is the jail of the believer and paradise of the disbeliever."

Why heaven ?

Well, they (disbeliever) eat what they wanted to eat, drink what they wanted to drink, do what they wanted to do. No prohibitory at all. It's a paradise for them.

Why jail ?

For a believer, we do what we have and allowed for us to do, leave what is prohibited for and a there is a reward that awaits.

That's all. Thanks for reading.

p.s: I noticed that one of my friend on facebook keep posting about this song, so I take a shot to give a comment on that..

Peace be upon you my brothers and sisters. ^^

The Death Penalty.

Bismilahirahmanirrahim..in the name of Allah, the Beneficent, the Merciful.

I greet you all my brothers and sisters of my muslim relatives with the Islamic greeting of peace. Assalamualaikum wbt.

Alright. In this entry I would like to argue and discuss about the death penalty not about the United Nations. Why I put that picture ? Well, read for further, then you will know.

"Why do you want to talk about this?"

Well, obviously it is one of our current issue right now. In facts, it is considered as one of the most hot topic which is being brought into an arena of debate. A world debate. Since 18th of December 2007, the United Nation actually was already proposed a resolution 62/149. This moratorium is regards with the abolishment of the use of the death penalty. Yup, they are trying to abolish the term of the 'death penalty' from any of the dictionaries of punishment. Actually I already post an entry which is pertaining to this entry entitled resolution 62/149 on 16th of November 2010. Click to that link for a further information about this resolution.

"Reason(s) of abolishment?"

They stand by their argument put forward by saying that the death punishment is correlated with our human rights. They used the term of 'violations of human right'.

Note: I'm afraid some of you will get confuse with the word 'they'. Here I am referring 'they' to the United Nations.

In Article 3 of Universal Declaration of Human Rights provides that everyone has the right to life, liberty and security of person. I bold the world 'right to life'.

Yes, they stand their argument with this article. They considering that the used of the death penalty undermines human dignity, and convinced that their resolution will lead to the enhancement and progressive development of human rights. At the same time they said that there is no conclusive evidence of the deterrent value of this penalty and that any miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable.

Last year, in 2010 we could see Mongolia declared this moratorium and Gabon became the 16th African Union member country to abolish this kind of practice. Notice the words 'irreversible and irreparable' in the above paragraph? Well, they are trying to demonstrate these words with this video.

Enough said from their sides of arguments, and this is what I'm afraid of. I'm afraid if Malaysia also put the same action as what the Mongolia and Gabon did.

"Why ?"

First and foremost, i made my stand by saying that I am totally opposed this resolution because of the word "..world is free of the death penalty.." in which it is quoted by Shetty.

"Critically, define this sentence"

Simple, no more death penalty. Not even for a murders, rapes, terrorisms and etc. You name it, and it's mean, no death penalty at all. Now I would like to put a simple question. If they said that death penalty is a violence to what so called as right to life of Article 3 in Universal Declaration of Human Right, then what do you call that when a person being murdered by another person, and that murder is only sentence to imprisonment for five years, back then he's going back to his world of crime, murder, imprisonment, again and again ?

Ever heard the word of justice ?

Justice according to Ross, is the correct application of a law, as opposed to arbitrariness by making decision based on rule and law of evidence and trial, not by mere personal suspicion or opinion.

I would like to stress on the words 'the correct application of a law'. Yes, I agree that on a certain parts of a crime, the death penalty is not a right practice. I said, on a certain, Not all. That is why I stress on the words the correct application of a law. Because a murder deserved a death sentence. If you have already watched the video, here is my argument. Because of the system itself. First, listen carefully and you would hear the word jury.

"Who is jury ?"

A jury is a group of people, usually consists of 12 people who judge a court case. Members of jury are ordinary members of the public. Do they qualified and deserved to decide a case ?They are vulnerable in which their actions are easy to get affected by their feelings, not by their professional points of view based on laws and evidences.

I would like you to watch this video.

Stress on this part..

"...How misguided are you. I feed you with a couple of bullshit legal precedents and there you go. You jump on it (conclusion)..."

Imagine, even a judge could made a mistake, how about a jury ? I'm not put 100 percents blame on the jury, but on the system itself.

That is why they shouldn't put their arguments upon the death penalty. Because sometimes, even a smaller punishment, they might putting a false sentence. Then, you would say that we should abolished all the punishments to avoid any mistake ?

Next, this is Malaysia. An Islamic country. Treating a murders with a death sentence is something known as equality.

"O you who believe! Al-Qisas (the law of equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your lord. So after this whoever transgress the limits (i.e kills the killer after taking the blood money), he shall have a painful torment."

(Al-Baqara, verse 178).

Before this I already post an entry on 30th of October 2010, which is correlated with this verse. An entry entitle the law of equality in punishment. In this entry also, I already states that Malaysia does not sign the convention of the Article 6 of the International Covenant on Civil and Political Rights which providing to the right to life, including repeal the death penalty.

"In the law of equality there is (saving of) life to you O ye man of understanding! that ye may restrain yourselves. " (Al-Baqara, verse 179)

The enforcement of the Qisas is to ensure that the lives of other people is awake due to the fact that if those who understand will know that when they killed, they will be killed or sentence to death and thus he will not commit a murder.

note: I don't think I have to explain that on what circumstances did the death penalty is put upon a murder. I mean, for instance if you are accidentally killed a person in order to protect yourself, you are not going to put into a death sentence.

To strengthened my argument, we must understand that 'treat like cases alike' and 'treat different cases differently' as proposed and stated in the Book entitled "The Concept of Law" written by H.L.A Hart.

Last but not least, I would like to summarize my arguments into 4 points.

1. The death penalty should be abolish on a certain classification of crimes and not the entire and all types of crimes, as due to its degree of seriousness, the concept of equality and justice.

2. Malaysia does not sign the the convention of the Article 6 of the International Covenant on Civil and Political Rights which providing to the right to life, including repeal the death penalty, and thus Malaysia does not have to abolish it.

3. Malaysia is an Islamic country, so Qisas should be apply and no doubt about it as it is the law transcended by Allah and we should abide by it.

4. A mistake shouldn't be put towards the practice of the death penalty, but it should be put on the system and the body of authority and human error who does not treat the cases carefully who does not put the death penalty onto the right place and the right crimes.

Thank you. Asslamualaikum.. (^_^)

Approbation.

Bismillahirahmanirahim.

Assalamualaikum wbt.

I remember someone said to me before about Barack Obama will remove the military, thier troops in Iraq. But I replied by saying that "If I'm not mistaken, he (President of USA) needs to get an approval from the congress regarding this matter."

About removing..I'm not so sure. BUT, when it is regards to a military action, I mean, in simple English they called as a "Declaration of War", yes, this Mr. President need to get an approval or approbation from the congress.

oh yeah, before that. I'm talking about the system in America and not in Malaysia. So, this Mr. President represents one body and congress represents the other body. Some might question because they thought the system in America is same as the system in Malaysia. Yup, Malaysia and America both used the doctrine of 'separation of powers' but to be specific, America used the doctrine of 'strict separation of powers'. It means that a person may not be a member of other organs if he or she belongs to the other organ.

"huh ? What organ ? Did you mean this organ"

"Or...."

Of course not. What I mean is the body of authority.

Section 6 of article 1 in the United States Constitution provides that no person holding office under the US may be a member of congress. On the other words, Mr president are not a member of the congress.

Their part of the job is separated and so do their role.

Article 1 of United States Constitution also provides that all legislative power herein granted shall be vested in a congress and article 2 provides that the executive power shall be vested in a President of United States of America. Thus, this is clearly shows that in enforcing or executing an action, it must be regards with the approval from the congress. Done for the introduction.

"so, what's up with congress and all of this approval stuff? "

Like I mentioned before, the president need a declaration of war from the congress. If he wanted to enforce a military action, he (President) need to get a formal agreement from the congress. As has been stated in section 8 of article 1 in United States Constitution, in which these are among the power vested towards the congress;

"...to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water....to raise and support armies....to provide and maintain a navy..."

If you read about my post entitle world's biggest crisis, you will notice about our current news which regards to a military action by United States of America towards Libya. Yes, about that, well, Mr. President actually failed to get an approval from the congress to take that action.

Micheal Dorf, a constitutional law expert and professor of law at Cornell University said that this action (military action towards Libya by United States of America) is considered as unconstitutional.

"The U.S military had no king. Unilateral choice of President Barack Obama to use U.S military forces in Libya is an insult to our constitution." Quoted Congressman Roscoe Bartlett.

ok, that's all from me. Thanks for reading. :)

"Society...has confirmed the role as president as chief legislator, but has not equipped the president to perform it with the reliability that British prime minister typically enjoy" ~ Bowles

The Quran Being Divine: Part 2

Bismillahiramanirrahim. Assalamualaikum wbt.

Alright, lets continue for part 2.

note: read from the first part (The Quran Being Divine: Part 1) so that you will understand better and it is easier for you to see the chronological of the facts.

At the time of Prophet Muhammad saw (PBUH), there are many of Quraishee poets tried to copy the Quran and yet, they end up with nothing and failed to do so. At the time of the Quran was revealed, there's no single person at that particular time had successfully imitate it. Even now, there's no one had done so. No matter how great that person, another person could imitate his or her style of writing. For instance, Shakespeare. His style of writing had been imitate by our modern poets, but for the Quran, none of them capable to do so.

If you read carefully about the Quran literacy form, you will see the difference between the Quran literacy form and Arabic poetry. In facts, the Quran is not a poetry.

"the Meccans still demanded of him a miracle, and with remarkable boldness and self confidence Muhammad appealed as a supreme confirmation of his mission to the Quran itself. Like all Arabs they were connoisseurs of language and rhetoric. Well, then if the Quran were his own composition other man could rival it. Let them produce ten verses like it, If they could not (and it is obvious that they could not), then let them accept the Quran as an outstanding evidential miracle" ~ Professor and Arabist Hamilton Gibb.

Now, we came to a part of the Quran vs science. The Quran which was revealed about 1400 years ago already states about the formation of the universe and our modern western scientist support it with their research, studies and discovery not that long ago.

Take one example, the creation of the earth and the heaven (langit dan bumi) were stated in the holy Quran.

"Lo! your Lord is Allah who created the heavens and the earth in six Days, then He established Himself upon the Throne, directing all things. There is no intercessor (with Him) save after His permission. That is Allah, your Lord , so worship Him. Oh will ye not remind?" (Yunus verse 3)

*note: if you notice that in this translation the first letter of the word 'Days' was in capital letter. I'm not doing so in purpose, it is already with the capital letter in the Quran translation and it is refers to 6 periods of time. You might go for translation in Bahasa Melayu, and you will find out like this; "...Allah yang menjadikan langit dan bumi dalam enam masa kemudian Dia bersemayam di atas Arasy mentadbirkan segala urusan. ...."

So, don't get confuse, it does not refers to 6 days, but it refers to 6 periods of time.

To make it clear so that you won't get confuse by the word 'Days', in Arabic, the word 'Yaum' bring the definition of day, but in all of these 6 ayat (Yunus verse 3, Al-A'raaf verse 54, Furqaan verse 59, As Sajdah verse 4, Qaf verse 38 and Al Hadiid verse 4), Allah swt used the word 'Ayyam' which is more accurately bring the definitions of 'period of time'.

In 1929, Edwin Hubble in which he is an American astronomer has discovered evidence that the universe began with a big explosion (big bang theory) and this great explosion is what seperates all of the body that was originally from one, seperated by a burst from each other. BUT, the Quran already states about this more than 1400 years ago. Even the smartest person in the world, the great scientist, Albert Einstein made a mistake which not even we, but Albert Einstein himself regarded that it is the biggest mistake of his career when he was initially believes that the universe had no beginning.

There's many more ayat that shows how this ayat go parallel with the theories proposed by science.

One last example.

"He had created the earth and heavens with truth. He maketh night to succeed day, and He maketh day to succeed night, and He contraineth the sun and the moon to give service, each running on for an appointed term. Is not He the Mighty, the Forgiver?" (Az-Zumar verse 5)

The words that say 'night to succeed day' and 'day to succeed night' is very important because the Arabic word that has been used is 'takwir' = 'membalut' or in english means 'make a wrap things' which is used to tell that 'night wrap day and day wrap night'. This particular information actually tells the exact form of the earth. and this 'wrap' thing will only happen if the earth is in the form of 'sphere'.

See, it's already stated in the Quran that the earth is in the form of sphere even though at that time an astronomies believes that the earth is flat.

That's all for this entry. Enjoy reading, and observe. ^^

Assalamualaikum..

"Will they not then ponder on the Quran? If it had been from other than Allah they would have ound therein much incongruity." (An-Nisa verse 82)

The Quran Being Divine: Part 1

I greet you all, my brothers and sisters of my muslim relatives with the Islamic greeting of peace, assalamualaikum wbt.

Before we go to our main ideas and purpose in this entry, let us salawat to our prophet Muhammad s.a.w (peace be upon him) and start with the most important part in which let us start with bismilahirrahmanirrahim. In the name of Allah, the Beneficent, the Merciful.

Start our work with bismillah, insyaAllah, Allah will bless us as stated in hadith by prophet Muhammad s.a.w (peace be upon him) "any work started without reciting bismillah ar-rahman ar-rahim is without blessing"

There is a lots of evidences that show how the Quran being divine and now in this entry, I will share on a certain parts of it. The Quran was revealed to prophet Muhammad s.a.w (PBUH) a thousands years ago, but it is already states about the nature that human discovered about it not that long ago. Yes, the most common part to show how the Quran being divine is through the science.

However, before we go to that point, we must firm that the Quran cannot be emulated, reproduce or even copy which pertaining to its unique literacy form of the Quran. How can it be a copy from another source when it is the sole source of the new civilizations' philosophical, political and spiritual outlook and became the cause of the dramatic intellectual of deserts Arabs, and even after 13 years of the first revelation it became the only reference for a new state in Medina ?

If You doubt towards the Quran, then take this challenge; as has been stated in the Quran...

"If you are in doubt of what We have revealed to Our messenger, then produce one chapter like it. Call upon all your helpers, besides Allah, if you are truthful"

"Or do they say he fabricated the message ? Nay, they have no faith. Let them produce a recital like it, if they speak the truth"

*noted: this is just an extra knowledge for those who still do not know about this. If you notice that the term 'we' usually used in any of the Koran's translation. Well, don't get confuse, it does't mean that there is many of our god as muslim, but the reason is because when it is regards to His 'zat' (characteristics), He would use the plural pronoun to refer to a form of power. Interpretations among scholars, both past and then, for instance, Ibn Jarir al-Tabari, Ibn al-Andalusi Athiyyah, Ibn Kathir, Muhammad Ali al-Sabuni and many others agree that it is meant to refer to Allah swt.

Alright, let us get back to our main topic. As we can see that this is the challenge and this challenge to reproduce the Koran was showed in three stages.

1. The whole Quran.

'''say: ' if the whole mankind and jinss were to gather together to produce the like of this Qur'an, they could not produce the like thereof, even if they backed up each other with help and support''' (Al-Isra verse 88)

2. Ten chapters.

"Or they may say "He forged it." say "Bring ye then ten surahs forged, like unto it, and call (to your aid) whomsoever ye can, other than Allah!-if ye speak the truth!" (Hud verse 13)

3. One chapter.

"And if ye in doubt as to what We have revealed from time to time to Our servant, then produce a Surah like thereunto; and call your witnesses or helpers (if there are any) besides Allah, if your (doubts) are true" (Al-Baqara verse 23)

To be continue....

*guys, that's all for "The Quran Being Divine: Part 1" from me. I need to take a rest. It's already 4.03, Friday in the morning. I'll continue for second part after solat jumaat k. If I'm still have the strength to continue before solat jumaat, I will continue. ^^

Assalamualaikum..

'i' For Israel or 'i' For Islam..You choose.

Bismillahirahmanirrahim. In the name of Allah, the Beneficent, the Merciful.

Alright, lest get straight to the point. All of us had face this kind of situation.

"dude, you wearing that ? It is a symbol of satan"

"then, should I take it off ?"

"of course."

OR

"you know what, I just read about the laptop that you just bought it yesterday, it is actually one of the Israel's conspiracy"

"Where did you read about it?"

"somewhere on the Internet"

(-_-ll)

Yeah. It is undeniable that nowadays most of us will take any of the news or trust 100 percents from the hearsay. Don't lie. That's our mentality today. Not all of us. but most of us. In a mean time, I'm not saying that we shouldn't trust it at all. What I'm trying to say is, take some time, do some research and think rationally.

It's like.."owh, that laptop..if I use it, its like I am cooperating with satan ? Ok, I'm gonna throw it out."

It's funny 'cuz every time you put your mindset towards all the hearsay, you are going to throw all of your stuff ? Think rationally, you use that laptop for what? For your convenience. For your own good.

Lately, some of you might received the messages about iPhone in which it said that 'i' stands for Israel. Again, take some time, do some research and think rationally and don't just rely only on one source. Sometimes, it's all depends on yourself. Either to look at it as 'i' for Israel or 'i' for Islam.

After all, always put your faith towards Allah. Let your life guided by the holy Quran and As-Sunnah, and live your life in Islamic way.

Assalamualaikum.. (^-^)

World's Biggest Crisis!

If you go and do some research on the internet, you would probably won't find any terms of 'war' as one of the biggest problem or crisis in the world. Trust me, I dare you to do so and what you could find is all about education, water, poverty and etc. In my points of view, there are two reasons for this;

1. Education, water and etc problem is actually killing more people than what is so called as 'war'. Tsunami killed over a millions of people in 2006 and recently in japan, it killed over hundred of thousands of people.

"what about education?". Well, an estimated of 101 million children are not in school in which more than half of them are girls. I know, at the end of the day, all of these girls will end up being either a part time or a full time chef at home. :P

Just kidding. Ok, lets get back to business, actually they are being denied for their basic human rights to education. Its hard to survive without education in our modern day right now.

"well, how about water? 70 percents of the earth are covered by water, so?". You've got a point there, but did they have not need to pay for the bills ?

"Because of that?" Of course not, what i mean is clean water. More than one out of six people have lack access to safe drinking water. 1.8 million people die every year from diarrhoel disease and 3900 children die every single day from water borne disease.

2. Because the terms 'war' is actually (for me) referred to the terms 'conflict' rather than refer it to the terms 'crisis'.

"If you say so, then what the hell with your title of your entry?"

Before I make my conclusion and gives you my answer, lets warm our brain up. To be a critical thinkers, one must not find the answer straight away, yet he or she should look for the reasons and application. Then you will understand the whole theory. Lets start with our world international issue in which it is correlated with the terms 'war'.

Yesterday, western forces hits targets along the Libyan coast by using strikes from the sea and from the air in order to force Muammar Gaddafi's troops to cease fire and end attacks on civilians. Later, an hour later in which by this morning on 20th of March 2011, United States of America and Britain warships and submarines 110 Tomahawk missiles against air defences around the capital Tripoli.

They attacks Libyan in order to stop that country from killing the Libyans' civilians, ironically, they also causes 48 of the civilians killed and another 150 injured. These leaders from USA, Britain, France, Canada and Italy had reached the consensus to take a military actions upon Libya after the claim that Gaddafi broke his pledge of a ceasefire overnight. This operation is called Operation Odyssey Dawn. This is parallel to enforced the United Nation's resolution.

This resolution was made to save the civilians (but at the same time causes a death and injury to them) and to counter attack this, Muammar Gaddafi said that he will use his civilians.

"now need to open all the buildings and provide the people with guns, with all kinds of weapons, to defend the independence, unity and dignity of Libya" ~ Quoted Muammar Gaddafi in his speech a few hours after the attack.

If you really think deeply about this particular thing, it is actually pertaining to something which we called as "Humanity Crisis". Yup, this war conflict is indirectly related to the "humanity crisis, lack of understanding". This can be said as the biggest crisis and problem right now. It is a field broad scope, humanity involving in our daily life, humanity in executing or enforcing a law and so on. But in this entry, I narrow it down into this particular terms...

"War: Lead To Lack of Humanity's Understanding Crisis"

You cannot simultaneously prevent and prepare for the war ~ Albert Einstein.