Unfinished journey (186)
(Section one
hundred eighty six, Depok, West Java, Indonesia, 18 January 2015, 21:
41EST)
Agusno and Bambang Widodo in pligrimage to family cemetary 1982 |
Who hardened
offenders Human Right: President Joko Widodo or drugs
kimpin.
In 2006, then my beloved younger
brother Bambang Widodo died due to complications from the
disease drug effects that once he thrash.
Younger brothers number 9 is
actually his son well and Frank Burton Cheyne, and an
accomplished, proven she could be the best school in SMA Islam Sudirman Cijantung.
However, a result he
ever ' ' framed ' ' by my grandmother, stepmother grandson
Supri, even though it looks small from the schooled until middle
school (JUNIOR HIGH) by my grandmother, so my grandma died, Looks out
of the House even once so drug dealers and had been in
prison 15 years in prison, Cipinang prison in East Jakarta.
Suffering for years experienced Bambang Widodo,
although already had medical treatment in hospitals The Presentable Jogyakarta and
some other places, but his lifecould not be helped.
Bambang Widodo was one
of 50 other Indonesia Youth people per day were
killed bydrugs suffered about 5 million youth Indonesia.
Losses suffered by elderly
people to treat the 5 million youth of Indonesia that
is definitely greater than the advantages of trade relations
between Indonesia and Brazil and the Netherlands.
Besides Brazil
and Netherlands only lost one youth, Indonesia lost 50 men a day were
killed by setap drug addiction. Then, who the real violators of
human rights are heavy, President of Joko Widodo refused pardons or the kimpin drug
dealers have beenexecuted to die of it.
CAPITAL PUNISHMENT IN
PERSPECTIVE OF HUMAN RIGHTS AND ISLAM
"In countries which have
not abolished the death penalty,
The verdict of capital
punishment can be meted out against crime
The most weight in
accordance with the law applicable to the
When he did the crime...... "[1]
"O believers,
are required over you
Enacting qishash over
the killings. ' ' life ' '
Free the slaves become
free, pay with pay-slave, female
Women's pay. And
if thou forgive, then do
The best way,
indeed such
(forgive it) is
a form of compassion and mercy of him..... '. '[2]
Before discussing the
question of the death penalty as seen from the angle of the
fieldof HUMAN RIGHTS and Islam, the advance will be briefly described how the
idea ofthe concept of HUMAN RIGHTS as seen from the perspective
of Islam. In my opinion,discussing HUMAN RIGHTS in the Islamic perspective, no
other mebicarakan areindeed the question of the "Shari'ah" itself. Understanding
of Sharia had taken its essence, can indeed be formulated
in the rules of fiqh "Jalb Manafi ' wa al-Dar alMafasyid" (taking the
useful and abandoning the mudlarat). Meanwhile the intents
and purposes of the Islamic Sharia (maqasid al Shari'ah) is
none other than how to build a good servant (tahkik mashalih al-' ibad). Therefore,
it should have all theresources and efforts in formulating the
human conception of law shall be referred to the maqasid al-Sharia law for it,
not the law.
With regard to the servant benefit building
efforts, Iman al-Syathibi [3], explained thatthe benefit was divided
in three big groups first, he terms as
"Al-Mashlahah al-Daruriyyat" [4] the benefit of which
is primary. That is a benefit that in not a concernthen the
social order and dinamikannya it will collapse. Therefore, the benefit
of this should be a shared responsibility. As for what
is meant by Al-Mashlahat al-Daruriyyatwas later known as al-kulliyatul or al khamsa kulliyyat al-qubra: (1) Hifzd al-Nafs,reverence
for the soul or human lives. (2) the Hifzd al-Deen,
a tribute and recognition of religious choice. This
understanding seems to me at the same time mengisyarakanfreedom
to irreligion, including the running of religious teachings, there
is nocompulsion in the religion of internal (top consideration that I
think the country is not entitled to ngurusi one religion,
but rather the obligation to protect and facilitate all
religions). (3) the Hifzd al-' Aql, freedom of opinions and
thoughts expressed in accordance with the conscience either
directly or indirectly. In this case can also beunderstood freedom
of belief or belief established flow. So in my
opinion there is no term nyempal of the official religion (4) Hifzd al-Nasb,
freedom and honor or wereincluded in my opinion in
it's reproductive freedom or not reproduce. (5) Hifzd al-Mal,awards
and honours over the property or ownership.
Second, the Imam Ash-Syatibi terms with "Al-Mashlahah al-Hajjiyat",
i.e. the moresecondary benefit or a benefit that is more on
the needs and personal affairs, and if not taken care
of along will not cause social order collapsed. For
example individual needs will be praying, prayer-prayer or ritual-ritual
or religious order to run also. This is the stuff
of time in my opinion the meaning why in Islam's teachings
on "Rukhsah" (lightening of God), can not pray on
time can be dijamak for people who are on the way,
could not fast for people who are unable to areas
such as nursing, sick, pregnantand lactating women were concerned
at the health of the fetus or baby. Meaning thattheir
implementation could be postponed and do not make social
order collapsed ifnot implemented at that time as well.
Third, Al-Mashlahat al-Tahnisiyat, the
benefit is a more suplementer such as Hajj,umrah and
the like. This last benefit to complement two previous benefits,
but it will not cause a social order that was crushed when the
third benefit is not disegerakan orwait until it really survive and
secure. Even I think this third benefit could carry
out fall into the Valley of sin, if perfected in order but ignore the
social environment. For example, when the country was being derailed in
the foreign debt, poverty, local people having huddle rooms malnutrition or marasmus,
unemployment in poor condition, while those rich Hajj in
a row so that excess quota Hajj.
Departing from the understanding
of the above, the authors conclude that it turns outthat HUMAN
RIGHTS are universal, and no HAM ala Islamic and non-Islamic-style or
as expressed by among purists who expressed HUMAN
RIGHTS should conform toIslam or se
With regard to the servant benefit building
efforts, Iman al-Syathibi [3], explained thatthe benefit was divided
in three big groups first, he terms as
"Al-Mashlahah al-Daruriyyat" [4] the benefit of which
is primary. That is a benefit that in not a concernthen the
social order and dinamikannya it will collapse. Therefore, the benefit
of this should be a shared responsibility. As for what
is meant by Al-Mashlahat al-Daruriyyatwas later known as al-kulliyatul or al khamsa kulliyyat al-qubra: (1) Hifzd al-Nafs,reverence
for the soul or human lives. (2) the Hifzd al-Deen,
a tribute and recognition of religious choice. This
understanding seems to me at the same time mengisyarakanfreedom
to irreligion, including the running of religious teachings, there
is nocompulsion in the religion of internal (top consideration that I
think the country is not entitled to ngurusi one religion,
but rather the obligation to protect and facilitate all
religions). (3) the Hifzd al-' Aql, freedom of opinions and
thoughts expressed in accordance with the conscience either
directly or indirectly. In this case can also beunderstood freedom
of belief or belief established flow. So in my
opinion there is no term nyempal of the official religion (4) Hifzd al-Nasb,
freedom and honor or wereincluded in my opinion in
it's reproductive freedom or not reproduce. (5) Hifzd al-Mal,awards
and honours over the property or ownership.
Second, the Imam Ash-Syatibi terms with "Al-Mashlahah al-Hajjiyat",
i.e. the moresecondary benefit or a benefit that is more on
the needs and personal affairs, and if not taken care
of along will not cause social order collapsed. For
example individual needs will be praying, prayer-prayer or ritual-ritual
or religious order to run also. This is the stuff
of time in my opinion the meaning why in Islam's teachings
on "Rukhsah" (lightening of God), can not pray on
time can be dijamak for people who are on the way,
could not fast for people who are unable to areas
such as nursing, sick, pregnantand lactating women were concerned
at the health of the fetus or baby. Meaning thattheir
implementation could be postponed and do not make social
order collapsed ifnot implemented at that time as well.
Third, Al-Mashlahat al-Tahnisiyat, the
benefit is a more suplementer such as Hajj,umrah and
the like. This last benefit to complement two previous benefits,
but it will not cause a social order that was crushed when the
third benefit is not disegerakan orwait until it really survive and
secure. Even I think this third benefit could carry
out fall into the Valley of sin, if perfected in order but ignore the
social environment. For example, when the country was being derailed in
the foreign debt, poverty, local people having huddle rooms malnutrition or marasmus,
unemployment in poor condition, while those rich Hajj in
a row so that excess quota Hajj.
Departing from the understanding
of the above, the authors conclude that it turns outthat HUMAN
RIGHTS are universal, and no HAM ala Islamic and non-Islamic-style or
as expressed by among purists who expressed HUMAN
RIGHTS should conform toIslam or vice versa. If such
an understanding, then the HAM to be naive. He
will be amutual agreement especially in terms of who is
"Mashlahat al-Daruriyyat" is. Fromkongklusi this
is the author's hope will fade then continued the discussion
of howHUMAN RIGHTS and Islam responded to the death
penalty?
The second quote implicitly article above suggests that
both the international law of HUMAN RIGHTS (hereinafter reads HIHAM)
as well as Islamic law alike have yet toabolish the death
penalty for crimes such as murder or felony crimes by HUMAN
RIGHTS Committee is not considered serious, etc. A long and
serious debate thenarose with regard to the phrase ' heaviest crime/crimes '. As stated
in article 6paragraph 2 above. In the author's reading
of the debate is caused by that the Covenant does
not define what is meant by such serious crimes explicitly, both
possibilities because of perception and conception about a
serious crime that is different between one country or culture with other countries
or cultures.
An illustration for
example, komita human rights has concluded that toxic waste trade,robbery, conspiracy
to support the suicide, drug-related offences, violations
ofownership, the repetition action of avoiding military
service, apostasy, committinghomosexual acts, embezzlement by officials,
and theft by force, fornication, corruption, and to
Whoever kills a
human being, not because that person has killed someone
else, ornot due to make mischief on the Earth, it is as if he has
killed all mankind. And anyone who observed the life of
the human person, it is as if he has kept all the ' human
life '.[7]
"Indeed the lives
and possessions of the Holy for others until you guys you met Godon
the day of the resurrection". In another narration the
Prophet said; '' The first Crimeamong human beings
that God's law will be on the day of reckoning is the removal
ofunlawfully ' lives ' [8]
' ' In the qishash there
is life for you people, o people, that ye may be ' cautious '.[9]
Quote verses and
the Hadith above, suggests that even in Islamic law still imposes the
death penalty, but still provide restrictions or even provisions
that are very thorough and serious in enforcing the law. Some of
these restrictions, there is at least somespecific restrictions,
for example, that in the first death penalty provisions that are
part of the process of maintaining life itself. So the fiqh scholars prefer to
avoid the death penalty, through procedural provisions or waivers are in
the language of international law called the technical procedural and commutative provision.
In traditional
Islamic law, though there is a provision called hudud-punishments forcertain
types of offences are more retributif such as qishash,
but in many casestraditional Islamic law more emphasis on this
aspect of the diskresioner known asta'zir. For example, by payment
of diat (blood money), in lieu of the death penalty. The
Prophet himself advocated in some cases as much as possible avoiding the
death penalty [10]. In addition to encouraging more ahl beneficiary parties killed
to forgiveperpetrators of murder.[11]
The second limitation
of traditional Islamic law, such as restrictions in terms
ofCovenant sipol article 6, he strongly emphasized on the
inspection process is fair and not discriminatory. For
example the ' verse ' life of .... And do
not kill the soul which he has forbidden God, but with the
right ' a '. Though some schools not hinting
at the enactment of the death penalty for the killer of Muslims over non-Muslims,
but Imam Abu Hanifah and his disciples such as explaining
that violators could Muslims were executed for the
murder of non-Muslims. Though there are differences of
opinion in this regard between the Hanafi Imam Al-Shaafa'i and
Imam Maliki. In this regard,traditional Islamic law distinguishes the
ruling (Al-qada '), which was dropped by the court authorities with legal opinions (fatwa) of
a mufti associated. The final verdictcould execute (qada
'), can only be determined by the judge after consideration
of full compliance with the applicable law. While the fatwa is
merely a non-binding legal opinions nor can execute.
The third restriction,
in traditional Islamic law advocated the granting of forgiveness ofsins, this
means that actors in traditional Islamic law recognizes the
principle ofamnesty. The principle of this amnesty can be granted
by the authorities in accordance with the principle of ' ' haq al
' afw al-' an ' uqubah ' ', i.e. to
forgivepenalties. Some experts argue the discretion of
remission of fiqh is a better alternativethan the
death penalty in cases of murder.
The fourth restriction,
in traditional Islamic law, enforcement of hudud-punishmentsapply
only to those mukhalaf that is, puberty and sane, does
that mean the hudud-does not apply to children and the insane. In
addition, some prerequisites are the enactment of hudud-also not
on women who were pregnant in the State until she
gave birth. For example the case of two women who ask stoned due
to do nasty. After going through a long process, the
Prophet then stoned woman that one by own request and
postpone a women pregnant until one due to breast
feeding.
Fifth, the restrictions of
traditional Islamic law, in the determination of the
penalty orsanction the hudud-insist the terms of strict evidentiary rules violators for hudud-. And
in many cases prove that ends at ta'zir (discretionary). Some
examples for example, to drop a sentence of stoning or sordid deeds cases of dera, the
provisions should firstbe demonstrated by four witnesses to
the criteria, male, puberty, fair, and honest. Ifthe
description of the four witnesses is one who testified differently
or might hesitate, then overthrow the penalty could
turn into takzir at the top, or even free at all. Herewill
be described as a concrete example of one beratapa ditail difficult mechanics
ofthe overthrow of the hudud-related sanctions capital
punishment.
First; for
example; One story the history narrated by al-Tabari deri
Some general Jamil comes
from Bani Amir bin Sha'sha ' ah that indeed women'sprofession
as a vocation. Some general Jamil always be subscription time high
officialsincluding Al-Mugheerah bin through Sha'baan. And aside
from some general Jamilstill there are many women that the woman's profession
as a vocation. Long story short, a guest of Abu Bakhrah was
apparently still curious, because just look at thesesluts from behind
it. They are speechless when the woman got up and passed. Andwhen Mughirah bin through
Sha'baan out to execute the dhikrs, they ridiculed "neverpray with
us again". Desas Mughirah bin through Sha'baan adultery rumors started upthe
ears of Caliph Umar bin Khattaab. Hasted, Umar sent Abu Musa
al-As'ari toinvestigate the truth of such information.
Abu Musa
al-As'aripun traveled to Basra, shortly thereafter he
stopped at Marbad.News of the investigation terendus by Moses
became destined for Abu Al-Mugheerah.Al-mugheerah-ever seems to begin
to seem anxious for the unlikely kadatangan AbuMusa
al-As'ari only for trivial things. Arriving in Basra, Abu
Musa handed a letter fromUmar bin Khattaab whose
contents: "I have heard the news that tumultuous, I became
the amir Abu Musa post, submit the whole kewenanganmu to
him. Soon!
After reading the letter
of dismissal that Al-Mugheerah menghadiakan thus a beautifulconcubine named Ta'if peranakan Aqilah to
Abu Musa. To Abu Al-Mugheerah toldMoses, "I am willing for
you this fine beautiful concubine". Some time
later Mughirah, Abu Bakrah, Nafi ' Ibn Kaldah. Ziyad Ibn Ma'bad al Syibli and Bajli, went
to Madinah toUmar. Before Umar Al-Mugheerah foster talk,
"silahkah-mu'minin ask thepembantumu about their
testimony over the perbuatanku!".
Umar bin Khattaab Abu Bakrah mengintrogasi and
then start with the question of howyou see and recognize women's pairs his Al-Mugheerah ML? Then Abu Bakrahtestified. That
he saw al-Mugheerah are among the cities selakangan Jamil andmenyetubuhinya. Then Umar urgently, how the
way you see them ML? Abu Bakrahreplied "I was in the back
of them. Then Umar asked again "How do you know for
sureher face?. Abu Bakrah said roundabout I. Then Umar mengintrogasi Syibli Ibn Ma'bad,a
result which gave the same description of Syibli by Abu Bakrah. But when Umarasked, then you are
behind or dehadapan them? Syibli said "I was at the direction
ofdealing with them." While providing the same information-with
them.
Ziyad gave a
different description of their threes, with recognition "I
watched Al-Mugheerah sitting between two legs of a
woman. I saw two pairs of legs are wigglingand both exposed
the nakedness, I also heard the word hard enough lenguhan Ziyad.
" Umar then chimed in, "do you also saw an influx
of Kohl pencil such as penetrationinto its container? Ziyad replied No. He urged again do
you recognize clearly that woman? No, but the woman
was similar to some general Jamil, "Ziyad said. Then he
said: "if so thou not sure yet"
Kesimpulanya Ziyad is
considered because of stuttering in giving testimony, then '
Umar ordered that three witnesses before dicampuk. See Genesis Mughirah said aswithout
sin, "Mukminan-clear my name from this person's allegations? While pointing
to Abu Bakrah. Then Umar immediately replied,
"shut your mouth, for the sake of Godif their testimony is
perfect, for sure I'll be merajamu with batumu himself. The
bottom line for condemned acts that categorized the
hudud-included in the murder case,turns out to be Islamic law more to
avoid the death penalty through proceduralprovisions or lightening (commutative and procedural provisions). Where Islamic
lawdemands a rigorous proof for violations that could lead
to the death penalty. And compliance in terms of proof often
end up in the form of takzir (discretionary)
Secondly, with
regard to the case of capital punishment which is called as qishasaction. The
Prophet never Avenged qishas for the perpetrators of the
assassination, except Easter futh al makkah, where sanctions were applied to
the four people in the case as follows; (1) the
Prophet imposed execution die for Huwairis because of his
error interrupt Zainab daughter of Prophet when upon
returning from the Makah to Medina. (2) the Prophet nonetheless execution
for two men who had converted to Islam, then committing
crimes and murder in Medina, then fled to the Makah, Makahonce and both faith
and by a prophet was considered harmful to Islam. (3) the
Prophetalso stipulates the death penalty to two female slaves of
Ibn Khatal is guilty ofannoying, because the Prophet by nyanyian-nyanyiannya,
but cancel d
The third relates
to the execution of the punishment of perpetrators of the apostate. In
the study of classical fiqh, Apostasy which became known by
the term simpliciter isone issue in Islamic law traditionally categorized
as hudud-with the death penalty.However, in terms of the application
of the death penalty for the perpetrators of theapostasy, since
the beginning of the fiqh scholars have disagreement. Ibn Taymiyyah,
muslim Puritans temperature explained that some scholars of
the taabi'een, such asIbrahim al-Nakha'i, a famous contemporary fiqh Tsufyan Tsawri, hold
the view that theapostate from Islam should not be sentenced
to death, but to be invited back to beingMuslim. While Abu al-Walid al-fiqh scholars Bajji 12th century and
is a devout Malikiexplained that ' apostasy is a sin that no
penalty hududnya '.[13]
The next debate is
related to the overthrow of the hudud-sanctions for perpetrators
ofapostasy is, does any act of apostasy should be sentenced
to death? A Hadith narrated by Imam Bukhari who later
by Muslim scholars of Hadith ahad is regarded as theclassic explains ' anyone
who changed his religion, he ' slay '.[14] However, in
the history of the Prophet's life to explain there is no precedent of forcing
a MuslimProphet or apostate people sentenced, except in
the case of the above. Our referencesfrom different temua it can
be concluded that the actions of the apostate orsimpliciter,
will be sentenced to death in conjunction with acts of the
apostasyfollowed by pembocoran secrets or threaten or
harm the sustainability ' and ' Islamic State ' or ' in
the language of traditional Islamic law as the action soured-burukan orIslam,
and then do the revolt over the country.
Retire this article, I
think there are some important points that are first conveyed no substantive
difference between the HIHAM and Islamic law in the enforcement of the death
penalty, in other words between HUMAN RIGHTS and Islamic law brought together in
case the overthrow sanctions capital punishment. The second Though in terms of
the definition of serious crime there are differences of view, but nonetheless
the overthrow of legal sanction mechanisms for such killings and criminal
offender or sanctions relating to the death penalty, still it is no easy matter
to apply, in addition to the overthrow of death penalty procedures in length
suggests that the death penalty is the last effort and since there is no other
alternative. In other words, the length of the procedure the overthrow of death
penalty as if hinting that sanctions the hudud-in the form of the death penalty
is part of the dialectics of accommodating new communities facing a persuasive
study of "berkeadaban". After Mahomet reached the peak of victory at
futh al-Makkah, he thus forgive oran-people who have committed evil in itself,
such as how he could forgive Abu Sufyan's wife Hind, a woman who has blasted
consuming raw liver of the Prophet's uncle Hamza bin Abdul Muthalib when events
of the battle of uhud, forgiving and Abu Sufyan. The third or last paragraph
made reference to muslim groups who approve or even eager for death penalty is
memberlakuan O believers menqishash over you, are required for the murder. '
the life ' merdeka ' merdeka, lives of slaves pay pay pay Women, female slaves.
And if thou forgive, then lakukanlahDengan the best way, indeed such a (forgive
it) is a form of love and his mercy ... ... ... .... I want to say that these
verses to partial women with women is a new stage of retributif, while partial
justice if thou forgive, to pardon it is a form of love and his mercy
implicitly suggests that restorative justice or more substantive is
recommended.
The death sentence against a convicted
person dead six drug dealers has finally beendone in Nusakambangan and Boyolali.
After elsekusi death
penalty Brazil and Netherlands that one of its
citizens sentenced to death drew envoys in Jakarta.
Both countries consider Indonesia cruel
and violate human rights.
CAPITAL PUNISHMENT IN
PERSPECTIVE OF HUMAN RIGHTS AND ISLAM
"In countries which have
not abolished the death penalty,
The verdict of capital
punishment can be meted out against crime
The most weight in
accordance with the law applicable to the
When he did the crime...... "[1]
"O believers,
are required over you
Enacting qishash over
the killings. ' ' life ' '
Free the slaves become
free, pay with pay-slave, female
Women's pay. And
if thou forgive, then do
The best way,
indeed such
(forgive it) is
a form of compassion and mercy of him..... '. '[2]
Before discussing the
question of the death penalty as seen from the angle of the
fieldof HUMAN RIGHTS and Islam, the advance will be briefly described how the
idea ofthe concept of HUMAN RIGHTS as seen from the perspective
of Islam. In my opinion,discussing HUMAN RIGHTS in the Islamic perspective, no
other mebicarakan areindeed the question of the "Shari'ah" itself. Understanding
of Sharia had taken its essence, can indeed be formulated
in the rules of fiqh "Jalb Manafi ' wa al-Dar alMafasyid" (taking the
useful and abandoning the mudlarat). Meanwhile the intents
and purposes of the Islamic Sharia (maqasid al Shari'ah) is
none other than how to build a good servant (tahkik mashalih al-' ibad). Therefore,
it should have all theresources and efforts in formulating the
human conception of law shall be referred to the maqasid al-Sharia law for it,
not the law.
With regard to the servant benefit building
efforts, Iman al-Syathibi [3], explained thatthe benefit was divided
in three big groups first, he terms as
"Al-Mashlahah al-Daruriyyat" [4] the benefit of which
is primary. That is a benefit that in not a concernthen the
social order and dinamikannya it will collapse. Therefore, the benefit
of this should be a shared responsibility. As for what
is meant by Al-Mashlahat al-Daruriyyatwas later known as al-kulliyatul or al khamsa kulliyyat al-qubra: (1) Hifzd al-Nafs,reverence
for the soul or human lives. (2) the Hifzd al-Deen,
a tribute and recognition of religious choice. This
understanding seems to me at the same time mengisyarakanfreedom
to irreligion, including the running of religious teachings, there
is nocompulsion in the religion of internal (top consideration that I
think the country is not entitled to ngurusi one religion,
but rather the obligation to protect and facilitate all
religions). (3) the Hifzd al-' Aql, freedom of opinions and
thoughts expressed in accordance with the conscience either
directly or indirectly. In this case can also beunderstood freedom
of belief or belief established flow. So in my
opinion there is no term nyempal of the official religion (4) Hifzd al-Nasb,
freedom and honor or wereincluded in my opinion in
it's reproductive freedom or not reproduce. (5) Hifzd al-Mal,awards
and honours over the property or ownership.
Second, the Imam Ash-Syatibi terms with "Al-Mashlahah al-Hajjiyat",
i.e. the moresecondary benefit or a benefit that is more on
the needs and personal affairs, and if not taken care
of along will not cause social order collapsed. For
example individual needs will be praying, prayer-prayer or ritual-ritual
or religious order to run also. This is the stuff
of time in my opinion the meaning why in Islam's teachings
on "Rukhsah" (lightening of God), can not pray on
time can be dijamak for people who are on the way,
could not fast for people who are unable to areas
such as nursing, sick, pregnantand lactating women were concerned
at the health of the fetus or baby. Meaning thattheir
implementation could be postponed and do not make social
order collapsed ifnot implemented at that time as well.
Third, Al-Mashlahat al-Tahnisiyat, the
benefit is a more suplementer such as Hajj,umrah and
the like. This last benefit to complement two previous benefits,
but it will not cause a social order that was crushed when the
third benefit is not disegerakan orwait until it really survive and
secure. Even I think this third benefit could carry
out fall into the Valley of sin, if perfected in order but ignore the
social environment. For example, when the country was being derailed in
the foreign debt, poverty, local people having huddle rooms malnutrition or marasmus,
unemployment in poor condition, while those rich Hajj in
a row so that excess quota Hajj.
Departing from the understanding
of the above, the authors conclude that it turns outthat HUMAN
RIGHTS are universal, and no HAM ala Islamic and non-Islamic-style or
as expressed by among purists who expressed HUMAN
RIGHTS should conform toIslam or vice versa. If such
an understanding, then the HAM to be naive. He
will be amutual agreement especially in terms of who is
"Mashlahat al-Daruriyyat" is. Fromkongklusi this
is the author's hope will fade then continued the discussion
of howHUMAN RIGHTS and Islam responded to the death
penalty?
The second quote implicitly article above suggests that
both the international law of HUMAN RIGHTS (hereinafter reads HIHAM)
as well as Islamic law alike have yet toabolish the death
penalty for crimes such as murder or felony crimes by HUMAN
RIGHTS Committee is not considered serious, etc. A long and
serious debate thenarose with regard to the phrase ' heaviest crime/crimes '. As stated
in article 6paragraph 2 above. In the author's reading
of the debate is caused by that the Covenant does
not define what is meant by such serious crimes explicitly, both
possibilities because of perception and conception about a
serious crime that is different between one country or culture with other countries
or cultures.
Six death row inmates have been executed in reclaiming
and Boyolali. Brazil pull ambassador in Jakarta
Six death row inmates have been executed in reclaiming
and Boyolali, Central Java, early Sunday (18/01).
Spokesman for the Attorney General, the agency executions,
Tony Spontana, describes five convicts undergoing execution in Nusakambangan,
Cilacap, at 00.30 pm and pronounced dead at 00:40 pm.
One convict executed in Boyolali at 00.45 pm and
pronounced dead at 1:20 pm.
HM Attorney General Prasetyo also confirmed to reporters
in Jakarta that the executions had been completed.
Contributor BBC in Cilacap, Liliek Darmawan, said
execution in reclaiming held at the firing range Limusbuntu.
They were sentenced to death were convicted of drug
cases.
All five are Marco Archer Cardoso Mareira (53 years,
citizens of Brazil), Daniel Enemua (38 years, citizens of Nigeria), Ang Kim Soe
(62 years old, a citizen of the Netherlands), Namaona Dennis (48 years old, a
citizen of Malawi), and Rani Andriani or Melisa Aprilia, an Indonesian citizen.
While that was executed in Boyolali is Tran Thi Hanh, a
Vietnamese citizen aged 37 years.
Some human rights activists have previously criticized
the execution of this by calling it a violation of human rights.
Several human rights organizations have urged the
Indonesian government to abolish the death penalty.
Marco Archer Cardoso Moreira said sorry and everyone
should be a second chance.
Brazilian judge executions against one of its citizens in
Indonesia for drug charges is a form of 'cruelty'.
Marco Archer Cardoso Moreira, 53, was arrested in 2003
after police in Cengkareng airport menenemukan 13.4 kg of cocaine hidden in
sports equipment.
Brazil said Moreira is the first Brazilian citizen
executed abroad and warned that punishment will 'spoil' relationship with
Indonesia.
Brazilian President Dilma Rousseff said in a statement
that he was shocked and assess the penalty was cruel.
"Relations between the two countries will be
affected," the president said Rousseff.
"Brazil's ambassador in Jakarta has been withdrawn
for consultations," he said.
Besides Brazil, the Netherlands also withdraw its
ambassador, after Foreign Minister Bert Koenders assess the execution of Dutch
citizens Ang Kiem Soe, 52, "is a denial of human dignity and integrity".
Four foreign nationals, namely Brazil, Netherlands
Malawi, Nigeria and one of Indonesia has executed on Sunday (18/01) morning at
LP Nusa Kambangan. While the execution of the Vietnamese Boyolali in Central
Java at the same time.
petition for clemency
Rousseff said she has applied for forgiveness (pardon) on
Friday, but was rejected by the President Joko Widodo.
Dilma Rousseff
Brazilian President Dilma Rousseff to seek a pardon from
the president Jokowi but rejected
He told Joko Widodo that he respect the sovereignty and
legal system in Indonesia, but as a mother and head of state he apply it for
humanitarian reasons.
Brazil said Joko Widodo said he understands concerns the
Brazilian president, but he can not change the punishment for the entire legal
process has been undertaken.
In a video recorded a colleague, Moreira expressed regret
that attempts to smuggle drugs into Indonesia.
"I know will face serious punishment, but I believe
I deserve a chance. Everyone make mistakes."
Residents of other Brazilian Rodrigo Gularte Muxfeldt
also face the death penalty in Indonesia, because drug trafficking.
Critics of the executions were also delivered a number of
Amnesty International and human rights activists in Indonesia.
Brazil abolished the death penalty when peace and became
a republic in 1889.
Kemenlu hope the death penalty does not disturb the
relationship
Marco Archer Cardoso Moreira (center) is a Brazilian
citizen who had been executed on Sunday (18/01) morning at LP Nusa Kambangan.
Indonesia expects executions of two citizens of Brazil
and the Netherlands in the case of drugs, do not interfere with diplomatic
relations with the two countries.
It affirmed Indonesia's foreign ministry responded to the
attitude of Brazil and the Netherlands are reported to have recalled its
ambassador from Jakarta as a form of "protest" over the execution of
the death penalty.
Citizens of Brazil, Marco Archer Cardoso Moreira, 53
years old, and a Dutch citizen, Ang Kiem Soe, 52, are two of the four foreign
nationals were executed on Sunday (18/01) morning at LP Nusa Kambangan, because
drug cases.
Brazil and the Netherlands considers that the death
penalty is a form of 'cruelty' and 'denial of human dignity and integrity'.
Foreign Ministry spokesman Indonesia, Armantha Nasir said
the executions had been through all stages of the legal process in Indonesia.
"And, we do not oppose the principles of
international law," said Nasir Armantha the BBC Indonesia, Heyder Affan,
Sunday (18/01) afternoon.
'Hope not hurt'
Armantha also said he asked for the execution of the
death penalty is not seen from the narrow context, but in a broader context.
"It's related to drug crime and its impact on
Indonesian society in particular and the world community," he said.
Therefore, Indonesia expects the withdrawal of
ambassadors of Brazil and the Netherlands from Jakarta will not
"hurt" Indonesian diplomatic relations with both countries.
"We hope not (injured)," said Armantha.
Indonesian embassy in Brazil, he said, has received a
letter of formal notice of the Government of Brazil concerning the withdrawal
of its ambassador in Jakarta on Sunday (18/01) morning.
Police custody done in the dock to Nusa Kambangan before
the execution, Saturday (17/01).
However, Armantha added, it has not received official notification
of the Government of the Netherlands on the news that mentions the Netherlands
has recalled its ambassador from Jakarta.
Previously, criticism of the execution of the death
penalty also submitted Amnesty International and human rights activists in
Indonesia.
Four foreign nationals, namely Brazil, Netherlands
Malawi, Nigeria and one of Indonesia has executed on Sunday (18/01) morning at
LP Nusa Kambangan.
While the execution of the Vietnamese do in Boyolali,
Central Java at the same time. (BBC)
Patients with Drug Addiction in Indonesia There are 4
Million
BeritaPrima.com - National Narcotics Agency (BNN) says
that there are 4 million people who have drug dependence in Indonesia. They had
to undergo rehabilitation, also requires awareness of all parties in order to
break the jar InGaN drug marketing now penetrated almost all regions in this
country.
"If those who have not direhabilasi drug addiction,
drug trafficking continues to run, because they are the customers that every
moment and every day need the drug," said the head of BNN Anang Iskandar
after the opening of socialization Legislation Narcotics, Thursday (4/25/2013 )
in Mataram.
Outside the amount of 4 million, there were also
prisoners who were detained in a number of drugs on prison in Indonesia.
According to Deputy Minister of Justice and Human Rights
Denny Indrayana, drug users are detained in the LP reached 14 154 people for
drug abuse lodged, of the total amount to 52 661 people prisoners.
To break the circulation of drugs was taken prevention,
rehabilitation and law enforcement. Only for the rehabilitation of poorly
supported BNN adequate instrument, as BNN has only four rehabilitation
facilities can house 2,000 people.
Therefore expected every province and district / city to
provide for the rehabilitation of people with drug dependence.
GRANAT: Indonesia Under the Emergency Drug
Nusa Dua - Anti-Narcotics National Movement Organization
(Grenade) considers that Indonesia is now in a state of emergency drugs. As
evidence that Indonesia in emergency situations, namely the inclusion of
drug-drug throughout Indonesia.
Grenade DPP Chairman Henry Yosodiningrat deliver drugs
not only get into the whole area in Indonesia, but also very easy to obtain. In
addition, the number of drug addicts who died in Indonesia continues to grow
every day.
"Narcotics were distributed everywhere, ubiquitous
and easily obtained, then the drug was entered from all the doors, then the
number of victims of 5 million people, then who died 50 people every day, that
I said emergency drugs," said Henry Yosodiningrat, when NapzaIndonesia.com
encountered in Nusa Dua, Bali.
According to Henry Yosodiningrat terms of the
government's commitment looks quite serious in eradicating drugs, but the
implementation is still contained elements that officers involved in drug
trafficking.
Henry also added a drug eradication in Indonesia in the
future must be accompanied by a high moral commitment of law enforcement
agencies, such as police, prosecutors, and judges.
PP Muhammadiyah fatwa: Smoking Haram! (Forbidden)
JAKARTA, KOMPAS.com - Muhammadiyah, through the Majlis
Legal Affairs and Tajdid, issued a new fatwa against smoking law. After
reviewing the benefits and harms of cigarettes, the Majlis Legal Affairs and
Tajdid Muhammadiyah concluded that smoking is Islamic law into the category of
unlawful. This decision was taken in halaqoh on Impact of Tobacco Control held
Majlis Legal Affairs and Tajdid on March 7 in Yogyakarta.
"This fatwa was taken after listening to feedback from
various parties about the dangers of smoking to health and economy. In
addition, we also do a legal review of smoking. Based on input from halaqoh it,
then sealed by the Majlis Legal Affairs and Tajdid and issued the injunction
decision that smoking is unlawful, "said Chairman of the Legal Affairs
Division of Muhammadiyah Dr. Yunahar Ilyas in a press conference at the Office
of Muhammadiyah, Central Jakarta, Tuesday (9/3 / 2010).
This new fatwa well as revising the previous fatwa
stating that cigarette permissible law. "Fatwa that smoking permissible
for this to happen for a variety of negative effects of smoking on health,
social, and economic, increasingly perceived by the public," said Yunahar.
Fatwa that smoking permissible still maintained by Muhammadiyah
until 2007. That is, should be done, but it's better if left. Changes fatwa be
unlawful considered as a decision that will bring benefits. Given, the number
of negative effects caused by exposure to cigarette smoke.
Through this fatwa, Yunahar said, Muhammadiyah would like
to remind all the people of the dangers of smoke hand-rolled tobacco.
"Because of the negative impact, then spending the money for the act of
smoking is redundant," he said.
In one of the injunction decision, which has not encouraged
to smoke, must refrain from smoking. For those who already smoke, shall
endeavor to stop the habit of smoking. "With the issuance of this fatwa,
the fatwa in 2005 which declared smoke permissible is no longer valid,"
said Yunahar again.
Implementation Fatwa issued Smoking Haram Majlis Legal
Affairs and Tajdid Muhammadiyah will be taken and confirmed in the Plenary
Meeting of Muhammadiyah and followed up by official decree. Explained Yunahar,
the decree contains a binding instruction to all levels of the organization,
charitable institutions business, such as schools, universities, hospitals,
mosques, and various facilities throughout Indonesia Muhammadiyah.
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