Tutorial 7

Group Member
Gan Yu Lin 1171100384
Jamie Chan Yan Ru 1171100247
Tan Yong Hao 1171100520
 Question 1
Section 121 of Malaysian Penal Code provides that: “Whoever
wages war against the Yang di-Pertuan Agong or against any of
the Rulers or Yang di-Pertua Negeri, or attempts to wage such
war, or abets the waging of such war, shall be punished with
death or imprisonment for life, and if not sentenced to death shall
also be liable to fine.”
 
In light of the above offence, explain the elements to be proven
and punishment for rebels under Islamic criminal law.

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 Eleme
1. Acts of
nts
disobedience
(rebellion) against the authority
of the Islamic State to whom
Allah has obliged on the Muslim
populace to give obedience.
• “Believers! Obey Allah and obey the
Messenger, and those from among you
who are in authority;” (Al Quran, 4:59)
2. The act of rebellion are provoked by a
group of people armed with
weapons and use of force to the
extent that the authority needs to
protect the people and property by
force to bring the rebels back to
obedience.
• Oral rebellion does not amount to killig until
the rebels start using practical force against
the state

3.The rebellion have their own 4. Have a leader as a source for

justification for such their struggle, the absence of
disobedience. whom makes their struggle
ineffective.
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 Punishment
• Al Quran (49: 9)
• “And if two parties or groups among the believers fall to fighting, then make peace between them both, but if
one of them rebels against the other, then fight you (all) against the one that which rebels till it complies with the
Command of Allah; then if it complies, then make reconciliation between them justly, and be equitable. Verily!
Allah loves those who are fair (and just)”.
• According to some jurist, hadd punishment of rebellion is death during the rebellion when the rebels start using
force.
• If a party is determined to rise up against a righteous Muslim ruler by force of arms and it does not accept the
answers of that ruler to their objections and does not agree to any compromise, the whole force of government
and community will be used against them and they shall be killed until they become loyal to the state.

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 Question 2
One of the objective of Syariah (Maqasid al-Syariah) is the
protection of religion.
 
Enlighten how this objective can be achieved through the
implementation of law against apostasy (riddah).
 

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 Apostacy
Religion is the sum of beliefs, rituals and rules commanded by God Almighty to regulate people's
relationship to their Lord and relationships with each other. God Most High has intended through
those provisions to establishing religion and install it in the people’s souls as they follow it. The
reservation of religion is legitimated in many Shari’ah texts that call to faith and encourage it and
forbid infidelity. Some of these Quranic texts are:
“And whoever desires other than Islam as religion - never will it be accepted from him, and he, in the
Hereafter, will be among the losers.” (3:85).
And:
“Surely the religion in the Providence of Allah is Islam. And in no way did the ones to whom the
Book was brought differ (among themselves) except even after the knowledge came to them, being
inequitable among themselves. And whoever disbelieves in the signs of Allah, then surely Allah is
swift at the reckoning.” (3: 19).

ADD A FOOTER
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 Apostacy
What is Riddah?
Turning back from Islamic fold to another religious belief or faith or even to unbelief.

OR
Rejection of the religion of the religion of Islam and acceptance of other religion either
through word of mouth or through an action.

In Malaysia, Islamic matters falls under the provision of State law.

Negeri Sembilan is the only state which has express provision for conversion. Whether it is
permissible, it depends on the courts.
A convert must first apply to the Shariah Court for a declaration that he or she is no longer
a Muslim; the convert will then be counselled for about a year by a Mufti. If, after this
period, the convert still wants to convert, the judge may permit the application. This
process is unique to the state; no other state allows Muslims to officially convert
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 Comparison
  Malacca Sabah Perak

Criminal offence Apostasy Attempted Apostasy Apostasy

Penalty Max 6 months’ detention Max 36 months’ Max RM3,000 fine or 2

in Islamic Rehabilitation detention in Islamic years’ jail or both
Centre Rehabilitation Centre

Criminal offence Accomplice to apostasy    

Penalty Max RM5,000 fine or 3    

years’ jail or both

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 Apostacy
  Pahang Kelantan Terengganu
Criminal offence Attempted Apostasy Attempted Apostasy Apostasy

Penalty Max RM5,000 fine or 9 Max 36 months’ Repentance in 3 days or

years’ jail or six lashes detention in Islamic death sentence and
or combination Rehabilitation Centre forfeiture of property.*

Criminal offence Apostasy Apostasy  

Penalty Max RM5,000 fine or 3 Death sentence and  
years’ jail or six lashe or forfeiture of property*
combination

 Please note that although Kelantan and Terengganu’s hudud enactment prescribe death for apostates who fail to repent, it
cannot be implemented due to the restriction in federal laws.

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 Spostacy
CASE: Lina Joy
This was the first case that a Muslim wants to convert from Islam to Christianity.
• Issue: whether Civil court or Shariah Court has the jurisdiction to deal with the
renouncement of Muslim
• Facts: She first approached the National Registration Department (NRD) in
1997 to seek permission to change her name to Lina Joy and also her religious
status. this application was rejected on the grounds that Syariah court had not
granted permission for her to renounce Islam. In 1998, the NRD allowed the
name change, but refused to change the religious status on her identity card.
Joy appealed against this decision until the Federal Court
• Decision: FC ruled that only the Syariah Court had the power to allow Joy to
remove her religious designation of Islam from her national identity card and
dismissed her appeal.
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 Punishment for Apostacy
Traditional View
Al Quran(16:106):
“Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such
as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment.”
Hadith:
“Kill the person (Muslim) who abandons his religion”.

“The Messenger of God did not put to death anyone by way of hadd prescribed punishmnet, except for one of the three
antecedents: a person who commits murder of his own free will shall be killed, a person who commits fornication
after marriage or a person who fights God and His Messenger and becomes an apostate from Islam.”
Sahih Buhkari (Kitab al –Dayat)

o According to traditional view, majority of Islamic jurists are of the opinion that an apostate must be
punished with the capital punishment i.e. liable to death if he does not repent and continues with his
apostasy.

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 Punishment for Apostacy
Modern View
Regarding the hadith mentioned above, the first hadith is applicable to such apostasy as is followed by
hostility to Islam. Thus, it is due to hostility to the punishment of death is meted out and not because of
only renunciation of Islam.
The doctrine of tolerance which Islam does recognize and promote, is based on the Quranic verse:
Al Quran(2: 256) “There is no compulsion in religion…”
Al Quran(4: 137):
“Verily, those who believe, then disbelieve, then believe (again), and (again) disbelieve, and go
on increasing in disbelief; Allah will not forgive them, nor guide them on the (Right) Way.”

The above mentioned Quranic verse refers to repeated apostasies and reversions to original faith,
but there is no mention about any kind of worldly punishment.

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 Punishment for Apostacy
Modern View

o The modern scholars on the basis of the above noted verse contend that the punishment is left to
the Allah (SWT) to be decided on the Day of Judgment and not in this world.
o Therefore, the act of apostacy must be treated as a sin and not as a crime. The Quranic evidence
can substantiate this observation. Modern scholars are of the opinion that the punishment for
apostacy due to change of religion is to be determined on the Day of Judgment as there is no
mention of it in the AQ.

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Thank You!