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Undang-Undang Melaka
Undang-Undang Melaka ( Malay for 'Law of Melaka', Jawi: اوندڠ٢ ملاک ), also known as ''Hukum Kanun Melaka'', ''Undang-Undang Darat Melaka'' and ''Risalah Hukum Kanun'', was the legal code of Melaka Sultanate (1400–1511). It contains significant provisions that reaffirmed the primacy of Malay customary law or ''adat'', while at the same time accommodating and assimilating Islamic principles. The legal code is believed originally compiled during the reign of Muhammad Shah (1424–1444), before it was continuously expanded and improved by the succeeding sultans. The Melaka system of justice as enshrined in the ''Undang-Undang Melaka'' was the first digest of laws, compiled in the Malay world. It became a legal resource for other major regional sultanates like Johor, Perak, Brunei, Pattani and Aceh, and has been regarded as the most important of Malay legal digests. History According to ''Malay Annals'', earliest form of justice system had been in existence since the e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qisas
''Qisas'' or ''Qiṣāṣ'' () is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, "eye for an eye", or retributive justice. ''Qisas'' and ''diyya'' applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being '' Hudud'' and '' Ta'zir''. In ancient societies, the principle of retaliation meant that the person who committed a crime or the tribe to which he belonged was punished in a manner, equivalent to the crime committed. So, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since there was no principle of individual responsibility in ancient societies, someone else, such as the closest relative, could be punished instead of the criminal. Most of the time, it was ignored whether the act was intentional or not, and a price of life ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rebellion
Rebellion is an uprising that resists and is organized against one's government. A rebel is a person who engages in a rebellion. A rebel group is a consciously coordinated group that seeks to gain political control over an entire state or a portion of a state. A rebellion is often caused by political, religious, or social grievances that originate from a perceived inequality or marginalization. ''Rebellion'' comes from Latin ''re'' and ''bellum'', and in Lockian philosophy refers to the Right of revolution, responsibility of the people to overthrow unjust government. Classification Uprisings which revolt, Resistance movement, resisting and taking direct action against an authority, law or policy, as well as organize, are rebellions. An insurrection is an uprising to change the government. If a government does not recognize rebels as belligerents, then they are insurgents and the revolt is an insurgency. In a larger conflict, the rebels may be recognized as belligerents ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islam And Alcohol
Islam is an Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number 2 billion worldwide and are the world's second-largest religious population after Christians. Muslims believe that Islam is the complete and universal version of a primordial faith that was revealed many times through earlier prophets and messengers, including Adam, Noah, Abraham, Moses, and Jesus. Muslims consider the Quran to be the verbatim word of God and the unaltered, final revelation. Alongside the Quran, Muslims also believe in previous revelations, such as the Tawrat (the Torah), the Zabur (Psalms), and the Injil (Gospel). They believe that Muhammad is the main and final of God's prophets, through whom the religion was completed. The teachings and normative examples of Muhammad, called the Sunnah, documented in accounts called the hadith, provide a constitutional model for Muslims. Islam is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apostasy In Islam
Apostasy in Islam ( or ) is commonly defined as the abandonment of Islam by a Muslim, in thought, word, or through deed. It includes not only explicit renunciations of the Islamic faith by Religious conversion, converting to another religion or Irreligion, abandoning religion altogether, but also Islam and blasphemy, blasphemy or heresy by those who consider themselves Muslims, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or Aqidah, creed" of Islam. An apostate from Islam is known as a ''murtadd'' (). While Fiqh, Islamic jurisprudence calls for the Capital punishment in Islam, death penalty of those who refuse to repent of apostasy from Islam, what statements or acts qualify as apostasy, and whether and how they should be punished, are disputed among Ulama, Muslim scholars, with Liberalism and progressivism within Islam, liberal Islamic movements rejecting physical punishment for apostasy. The penalty of killing of apost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. Etymology The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Types ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft
Theft (, cognate to ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with '' larceny'', while in others, ''theft'' is defined more narrowly. A person who engages in theft is known as a thief ( thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorised taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zina
''Zināʾ'' () or ''zinā'' ( or ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, ''zina'' can include adultery, fornication, prostitution, sodomy, incest, and bestiality. ''Zina'' must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, confession repeated four times and not retracted later. The offenders must have acted of their own free will. Rapists could be prosecuted under different legal categories which used normal evidentiary rules.A. Quraishi (1999), Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on ''zina'', ''Islamic studies'', Vol. 38, No. 3, pp. 403–431 Accusing ''zina'' without presenting the required eyewitnesses is called ''qadhf'' (), which is itself a '' hudud'' offense. There are very few recorded examples of the stoning penalty for ''zinā'' being implemented legally. Before legal reform was introduced in several countries ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Economic Jurisprudence
Islamic economics () refers to the knowledge of economics or economic activities and processes in terms of Islamic principles and teachings. Islam has a set of specific moral norms and values about individual and social economic behavior. Therefore, it has its own economic system, which is based on its philosophical views and is compatible with the Islamic organization of other aspects of human behavior: social and political systems. Islamic economics is a broad field, related to the more specific subset of Islamic commercial jurisprudence (, ''Muamalat, fiqh al-mu'āmalāt''). It is also an ideology of economics similar to the labour theory of value, which is "labour-based exchange and exchange-based labour".. While there are differences between the two, Islamic economics still tends to be closer to Labor theory of value, labor theory rather than Subjective theory of value, subjective theory. Islamic commercial jurisprudence entails the rules of transacting finance or other ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Marital Jurisprudence
In Islamic law (''sharia''), marriage (''nikāḥ'' نکاح) is a legal and social contract between a man and a woman. In the religion of Islam it is generally strongly recommended that adherents marry. A ''nikāḥ'' marriage has a number of requirements and restrictions under shariah. Amongst them are that a gift known as a '' mahr'' be given by the groom to the bride; that the bride, groom and guardian for the bride (wali), give their legal consent to the marriage and that there be no coercion; that there be two witnesses from each side to the signing or accepting of the contract; that the bride and groom not be of the same gender, not be brother and sister, mother or father, aunt or uncle, or other close relatives, but may be first cousins; that the man not have more than four wives at any one time, and the woman more than one husband. Requirements and restrictions on marriage There are many hadith recommending marriage in general, but depending on the circumstances, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
