SHARIAsource

This fatwā considers that, as a result of traveling internationally, people may miss Friday (i.e., depart on a Thursday and arrive on a Saturday). Pursuant to the Ḥanbalī school of thought, however, all persons aboard ships and aircraft are to perform Friday congregational prayers.

These prayers are only to be performed on Friday: If, as a result of traveling, a person has two Fridays, he or she is to perform the prayer on the first of those two Fridays. If it is that there is no Friday, however, the person is to estimate the appropriate time at which to pray.

The applicant, Suryani, requested that the Constitutional Court review the constitutionality of art 49 (and its elucidatory statement) of Law No. 7 of 1989 on the Religious Judiciary. Article 49 of Law No. 7 of 1989 states: 'Religious courts are tasked and authorised to investigate, determine, and resolve cases in the first instance between persons of the Islamic faith in the areas of: a. marriage (perkawinan); b. inheritance (waris); c. wills (wasiat); d. gifts (hibah); e. endowments (wakaf); f. alms-giving (zakat); g. infaq; h. shadaqah; and i. shari'a economy (ekonomi syari'ah). The applicant submitted that art 49 circumscribed his constitutional right to freedom of religion and to practise that religion in accordance with that religion's teachings, as guaranteed by arts 28E(1), 28I(1) and (2), and 29(1) and (2) of the Constitution.

In dismissing the application, Justice Moh. Mahfud MD, on behalf of the court, noted that the applicant's submissions were incompatible with the relationship between the state and religion in Indonesia. Specifically, Moh. Mahfud MD held that Indonesia is not a country based on one religion, nor is it a secular state that transfers religious affairs to the individual and society. Rather, Indonesia is a state based on the belief in Almighty God (ber-Ketuhanan Yang Maha Esa), which protects every person's right to practise their respective religion. In abiding by the Indonesian state philosophy of Pancasila ('five principles'), national law must, therefore, guarantee state ideology and territorial integrity, while facilitating just and courteous religious tolerance. It follows that Indonesian national law is a vehicle for national unity and that the Indonesian state is not based on majoritarianism or minoritarianism, ethnicity or race. While it can be said that Islamic law constitutes a source of national laws, it is not the sole source thereof, with customary (adat) law, Western law, and other traditional legal sources also serving as sources of national law.

This fatwa declares that sex changes are contrary to the Qur'an, surah an-Nisa', verse 19. The fatwa does, however, permit sex reassignment surgery for intersex persons.

This fatwa states that hajj pilgrims must spend several (two or three) nights in Mina, except for persons who have a valid excuse (udzur).

This regional regulation makes provision for the regional government to partially subsidise hajj administration for persons from Pamekasan regency undertaking the hajj.

This regional regulation regulates social order, religious norms, and decency. Among other provisions, it prohibits persons from dressing in a manner contradictory to religious and cultural norms in public places, as well as persons of the opposite sex living together as husband and wife outside of lawful matrimony. It also puts in place measures to reduce the practice of prostitution.

This regional regulation makes provision for public order in Tanjung Jabung Barat, Jambi. Specifically regarding Islamic rituals, art 19(1) prohibits all persons and restaurant owners from preparing food and opening their establishment between 6.00am and 4.00pm. It permits restauranteurs to prepare food during those hours if the restaurant itself is closed. Article 19(2) prohibits all persons from eating and smoking in public, which may disturb people fasting (ibadah puasa). Article 19(3) prohibits all persons from lighting fireworks during Ramadhan, while art 19(4) prohibits the playing of arak-arakan sahur artistic instruments before 1.00am.

In preambular statement (a), this regional regulation states that prostitution is contrary to religious norms and morality, which has a negative impact on the pillars of society. Pursuant to art 2(1), all persons in the region, either individually or collectively, are prohibited from establishing and/or initiating or making available places and/or persons for prostitution. Similarly, pursuant to art 2(2), all persons are prohibited from soliciting prostitution. Contravention of art 2(1) and/or (2) carries a maximum penalty of three months' imprisonment or a fine of IDR 15 million (art 9(1)).

This regional regulation prohibits all persons and legal entities from producing, distributing, trading, offering, stockpiling, storing, mixing, entertaining, carrying and/or consuming alcoholic beverages (art 2(1)). This prohibition applies throughout Pamekasan regency, to the people of Pamekasan, and to all persons, including foreigners, visiting Pamekasan (art 2(2)). In its preambular statement, the regulation states that alcoholic beverages are detrimental to health and contradict religious and norms and morals.

In its preambular statement, this regional regulation states that prostitution constitutes behaviour that is contrary to religious norms, legal norms, and morality, which has a negative impact on the pillars of society. Moreover, that prostitution countermeasures require efforts to prevent, surveil, rehabilitate, and control perpetrators, as well as efforts to restore societal cultural noble values that are orderly, secure, religious, and dynamic. Accordingly, all persons in the regency are prohibited from soliciting prostitution or operating a brothel (art 2(1) and (2)). Similarly, all persons are prohibited from encouraging or coercing another person into soliciting prostitution (art 3(1)). All persons are also prohibited from making any public display of affection (art 3(3)). Contravention of any of the provisions contained in this regulation carries a maximum penalty of six months' imprisonment or a fine of IDR 50 million (art 9(1)).

This fatwa states that an ostomate who is able to detach or clean his/her stoma bag prior to praying (shalat) must do so. If, however, an ostomate is unable to do so, they are categorised as daim al-hadats (a person who cannot perform an ablution).

The Appellant challenged his criminal conviction by the Sharia Court of Appeal of Zamfara State, Nigeria on the ground that the Court’s jurisdiction did not extend beyond Islamic personal law [family law]. The Court of Appeal held that the jurisdiction of the Sharia Court of Appeal was limited to personal law. As such, it could not validly exercise criminal jurisdiction. The Court quashed the conviction.

The appellant sought to challenge the decision of the Takengon Shari'a Court (lower court), which had stipulated the parties' joint and personal assets.

The Court concurred with the stipulations of the lower court, but only insofar as what constituted the joint assets of the parties. As the parties had never requested that the lower court also rule on what constituted the parties' personal assets, the Court felt compelled to provide its own judgment, only including the parties' joint assets.

This is a power of attorney prepared by the Mufti of Gumulcine (Greece), dated 22 November 1961. It authorizes by the local governance board of Uysalli Village in Gumulcine the right to nominate someone who is a reputable Muslim. The document appoints Huseyin the son of Haci Hasan. The power of attorney concerns the movable and immovable property and especially the land owned by a certain person [name not legible]. The power of attorney gives the person to be nominated the authority to sell and collect rent form the property, as well as to sue or protect the property through all legal means.

This Country Profile provides a basic overview of the legal history and institutional structures of the State of Kuwait (Dawlat al Kuwayt), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Kuwait's Constitution, Islamic law (sharīʿa or fiqh) is a principle source of legislation. 

This regional regulation prohibits all persons from conducting the operations of any type of restaurant during Ramadhan in Banjarbaru, South Kalimantan (Kalimantan Selatan) (art 2(1)). Similarly, it prohibits all persons from eating, drinking, and/or smoking in such places, and in public (art 2(2)), and from disturbing the peace (art 2(3)). It also prohibits all persons and legal entities from carrying on the operations of any place of entertainment, such as karaoke establishments, discotheques, cafes, and salons (art 2(5)).

All persons operating an eatery of any sorts for people breaking the fast may open from 5.00pm (17.00) (art 3(1)), and all persons that sell food and drink in market places may commence trading from 3.00pm (15.00) (art 3(2)).

Contravention of art 2(1) and (5) carries a maximum penalty of three months' imprisonment and/or a fine of IDR 50 million (art 5(1)), while contravention of art 2(2) and (3) carries a maximum penalty of 15 days' imprisonment and/or a fine of IDR 100,000 (art 5(2)).

This Country Profile provides a basic overview of the legal history and institutional structures of the Democratic Socialist Republic of Sri Lanka (Shri Lanka Prajatantrika Samajavadi Janarajaya/Ilankai Jananayaka Choshalichak Kutiyarachu), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Sri Lanka's Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

This fatwa states that Qira'at Sab'ah (the Seven Readings) is a branch of the Science of the Qur'an (Ulum al-Qur'an) that must be developed and maintained. Qir'at Sab'ah is to be conducted in an appropriate place by persons learning from a Qira'at specialist.

This regional regulation obliges all Muslims to adhere to the Islamic dress standards stipulated therein. It states that the purpose of Muslim dress is to show the belief of a person and their devotion to Allah Subhanahu wata'ala, to adhere to the practice of Islam, and to preserve clothing customs (adat).

Two accused persons, both previously married to other persons, were charged with the crime of committing zinā (fornication), which is prohibited in the Islamic Penal Code of Sokoto State, Nigeria. The man denied the charge and declared his innocence in court. The woman admitted to having sexual intercourse with the accused man and to being pregnant as a result. The Court held that the crime of zinā (fornication) is proved by a valid confession, the evidence of four witnesses, or by pregnancy outside of marriage. Because the first accused person denied that he had made an earlier confession, a confession could only be verified by the testimony of four witnesses. Because only two witnesses had given such testimony, the confession was not valid. The Court also held that retraction of a confession is permissible. Therefore, even if the first accused, the man, had earlier confessed, his denial of the charge in court amounted to a valid retraction of the confession. The Court convicted the second accused person, the woman, on the basis of her in-court confession and sentenced her to death by stoning after childbirth and weaning. The woman successfully appealed her conviction.