قضايا معاصرة في تطبيق الحدود الشرعية: دراسة تحليلية نقدية في ضوء مقاصد الشريعة

Abstract

This research aims to study the topic of contemporary issues in implementation of Shari’ah hudud in light of the Maqasid al-shari’ah(Objectives of Shari’ah). The research deals with the definition of maqasid al-shari’ah, its categories, argumentations and justifications, importance in exercising ijtihad in contemporary issues and its specific characteristics. It also deals with the definition of Hudud, its types, crimes, the difference between Hudud, ta’zir (punishment) and qisas (retribution), and its specific characteristics. The definition of shari’ah was expounded by examining its contents, sources, the people’s need for it, and their specific characteristics. The importance of implementing Hudud as a legislative obligation is also discussed. The research then explains the maqasid al-shari’ahin the context of the implementation of Hudud in general and the specific application of Hudud law. Towards the end, the research explains the contemporary issues facing the implementation of Hudud especially the confusions that have arisen around it and the challenges involved. It then provides proposed solutions to these issues from the intellectual, cultural, political and social domains. The researcher has adopted the inductive method to gather information and the analytical method to analyse the said information in the light of maqasid al-shari’ah. The researcher, at the conclusion of this research, has identified that the shari’ah has specific characteristics and maqasid in its legislation, and that it is suitable for all times and all places. Secondly, its implementation, including the laws of Hudud, is also obligatory upon every Muslim including Muslim leaders. Thirdly, the implementation of Hudud is to protect al-kulliyyat al-khams (the five basic needs), and also the realisation of justice, expiation of sins for criminals, their rehabilitation and reformation to prevent them to return to crime, realising peace and serenity in the society, upholding mercy for the ummah and protecting virtue in society. Fourthly, the contemporary issues that have prevented the implementation of Hudud whether it is confusion surrounding the laws of Hudud or the challenges facing its implementation were cleared up and proposed solutions from the intellectual, cultural, political and social aspects were given to address the challenges that have arisen.