أحكام المرتد بين تراثنا الفقهي والواقع المعاصر /
The present study addresses the issue of apostasy, which is widely debated among contemporary researchers, by analyzing the different definitions advanced by classical Muslim scholars, giving a brief historical chronology of the cases of apostasy from the time of the Prophet to the contemporary time...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2002
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/10503 |
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| Summary: | The present study addresses the issue of apostasy, which is widely debated among contemporary researchers, by analyzing the different definitions advanced by classical Muslim scholars, giving a brief historical chronology of the cases of apostasy from the time of the Prophet to the contemporary time and outlining the characteristics, conditions, kinds and causes of apostasy. The opinion of classical as well as contemporary Muslim scholars regarding the status of the apostate is expounded in order to identify the right shariah position based on the strength of its evidence. The legal implications of apostasy are discussed in light of the prevalence of man made laws and the absence of shariah laws in the Muslim world. Furthermore, the repentance of the apostate, his ownership over his wealth, his marital relations are analyzed. Moreover, the permissibility of cutting of the apostate's body parts is addressed and whether this will be implemented before or after the punishment is carried out or not and whether the approval of his family is a condition or not. The study adopted the historical, descriptive and analytical methods to address the issue. Thus, it surveyed the cases of apostasy throughout the Islamic history and critically analyzed the different opinions in order to reach the appropriate opinion compatible with maslahah and the objectives of shariah. The study concluded by outlining the major results and suggestions. In the following I would like to state the most important findings of the study: • The punishment of apostasy is a hudud punishment through capital punishment and applicable to both male and female. • The implementation of hudud is the sole prerogative of the ruler and no one whether individual or group should attempt to implement it without his penruss1on. • Whenever the conditions for implementation of the apostasy punishment are not present then it should not be implemented as it is the case of the contemporary Muslim world. |
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| Physical Description: | [xi], 146 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 138-146). |