Kuala Lumpur: Al-Hidayah Publishers, Physical Description: xxix, p. ; 23 cm. Subject Term: Criminal law (Islamic law). Added Author: al-Hafiz, Abu. Fiqh jenayah Islam. Publication Information: Kuala Lumpur: Al-Hidayah, ISBN: Subject Term: Criminal law (Islamic law). Added Author. Fiqh Jenayah Islam (C). Penulis: Abu Mazaya Al-Hafiz & Abu Izzat Al-Sahafi ISBN: Muka Surat: Berat (kg):
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The same can be seen in the current enactments of Islamic Laws of the various states of Malaysia. It is because the fiqh law is not isolated from reality, but derived from the analysis on the contemporary environments. The Islamic law is actually dynamic. The development in science and technology has changed the human civilisation and perception towards life. Abstract Justice is the ultimate objective of any judiciary system.
The evidence can be clearly seen in the inscriptions on the historic stone of Terengganu, the Canon law of Melaka and other laws that came later. Jurnal Fiqh[S. The absolute justice is only belongs to Islamic judiciary system. However it is highly jensyah on the quality of the implementation methodology that man could produce.
The dynamism lies on its flexibility, which is the main characteristic of the law itself.
Fiqh jenayah Islam
However, in terms of fatwas, the views of Shafi’ite school are still dominant. Justice is the ultimate objective of any judiciary system.
In the Islamic judiciary system, especially to convict a zina, there are various methods in establishing evidence. Any opinion expressed in the fiiqh are those of the authors and do not reflect that of the Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, Kuala Lumpur, Malaysia.
Kedudukan Mazhab Syafi’i dalam Undang-undang Jenayah Islam di Malaysia
No part of this journal may be reproduced, copied or transmitted, in any form or by any means, electronic, mechanical, photocopying, and recording or otherwise without proper written permission from the publisher.
Despite the fact that there is no provision which stipulates the preference of any mazhab or school of fiqh in the implementation of Islamic criminal law in Malaysia, past or present, the use of the views of the Shafit’ie school is always preferred. The reason behind it could be that the school is dominantly practiced in the country by the people as well as the government.
Some of the methods are unanimously accepted while some others are not unanimously accepted.
Al-qarinah is among those which are not unanimously accepted by the Islamic jurists. The development of knowledge in producing evidence scientifically such as DNA test, fingerprint etc.
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