HUDUD 7 Jarimah al-Riddah (Tindak Pidana Murtad), Bagian Pertama

Summary

In this lecture, the speaker addresses the concept of apostasy (murtad) in Islamic law, discussing its legal and theological implications. The speaker explains how apostasy is considered a crime in Islam, providing Quranic verses and Hadith to support the stance. The lecture delves into the definition of apostasy, its different forms (through actions, speech, or belief), and the conditions under which it becomes a criminal offense. The speaker also explores the historical context of apostasy laws, particularly in relation to political and military considerations, and emphasizes the importance of understanding the nuances in Islamic criminal law regarding this issue.

Takeaways

• 😀 The speaker begins with a religious greeting, invoking blessings and peace upon the Prophet Muhammad.
• 😀 The topic discussed is the concept of murtad (apostasy) in Islamic criminal law, specifically related to the crime of 'riddah'.
• 😀 There is surprise expressed over murtad being considered a criminal offense, given the common belief in freedom of religion as a fundamental human right.
• 😀 The speaker highlights the ease with which people in Indonesia switch religions, emphasizing the phenomenon of interfaith marriages and families.
• 😀 The discussion brings in the views of Dr. Abdul Qadir Audah, a prominent figure in Islamic law, who explains the concept of riddah from a legal perspective.
• 😀 According to the Qur'an, murtad (apostasy) is seen as an act that renders a person's good deeds void in both this life and the hereafter, as stated in Surah Al-Baqarah 2:217.
• 😀 A Hadith of the Prophet Muhammad (PBUH) is quoted, which instructs that anyone who changes their religion should be killed (i.e., the punishment for apostasy).
• 😀 The speaker defines murtad as an individual who abandons Islam and reverts to their previous faith, with the crime of riddah encompassing both actions and words.
• 😀 Murtad is discussed in terms of three aspects: actions, words, and beliefs. A person may become murtad through deeds, speech, or a change in their beliefs.
• 😀 The criminal act of murtad can also be considered politically charged, as in the past, apostasy could be seen as a form of desertion or betrayal in wartime contexts, which could lead to execution.

Q & A

What is the main topic discussed in the script?

The main topic of the script is the legal and religious implications of apostasy (murtad) in Islam, particularly regarding how it is viewed as a criminal offense in Islamic jurisprudence.

Why are people surprised by the idea of apostasy being considered a crime?

People are surprised because freedom of religion is generally considered a fundamental human right, and in many countries, people are free to change their religion without facing legal consequences. This contrasts with the Islamic view, where apostasy can be considered a crime.

What does the speaker mean by 'murtad' in the script?

Murtad refers to someone who has left Islam, whether through actions, words, or beliefs. It is often used to describe someone who has renounced their faith, and in some Islamic legal contexts, it is considered a punishable offense.

How does the speaker define apostasy (murtad) from a legal standpoint?

Apostasy, or murtad, is described as a legal crime that involves someone leaving Islam, either through actions, statements, or belief, deliberately and intentionally. The speaker emphasizes that it involves a conscious choice to renounce Islam.

What does the Quran say about apostasy, according to the speaker?

According to the speaker, the Quran mentions apostasy in Surah Al-Baqarah (2:217), where those who apostatize are described as kafir (disbelievers), with their deeds being invalid in both this world and the Hereafter.

What is the significance of the hadith mentioned in the script regarding apostasy?

The hadith cited in the script (Sahih Hadith) states that anyone who changes their religion should be executed. This hadith is interpreted in the context of protecting the Muslim community from internal threats, especially during times of war or instability.

How does the speaker explain the three types of apostasy?

The speaker explains that apostasy can occur in three forms: through actions (murtad fi'li), words (murtad qawli), and beliefs (murtad i'tiqadi). Each of these forms involves intentionally rejecting Islam through behavior, speech, or conviction.

What are the key elements in the crime of apostasy (murtad) as outlined by the speaker?

The key elements of the crime of apostasy, according to the speaker, are: 1) returning to a previous religion, and 2) doing so intentionally, with the intention to oppose Islamic law.

Why does the speaker mention the political context of apostasy in the time of early Islam?

The speaker mentions the political context to explain that apostasy in early Islam was often associated with political betrayal, such as desertion from the Muslim army to join enemy forces. This political aspect influenced the severity of the punishment for apostasy.

How does the speaker connect apostasy to contemporary issues in Muslim societies?

The speaker connects apostasy to contemporary issues by noting that, while apostasy in modern times may not always be linked to political betrayal or military desertion, it still raises significant legal and religious concerns within Muslim communities, especially when someone converts out of Islam for personal or ideological reasons.