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CHAPTER I
INTRODUCTION
A.
Background
Conversion
has always been a prominent topic, if you do not burn our human emotions.
Moreover, the missionaries tried to convince someone to change his religious
beliefs which concern the most important issues of life and death, the
significance of our existence. And missionaries are usually lower the value of
a person's belief that now, which could be in the form of a strong personal
commitment or a long family tradition of culture, calling it inferior, wrong,
sinful or even an acute mistake.
Such
statements are considered difficult or civilized urbane and often insulting and
degrading. Missionaries not come with an open mind for a genuine discussion and
dialogue of give and take, but her mind has been concluded in advance and find
a way to outwit the other with a view, often even before he himself knew
exactly what was believed and did.
It's
hard to imagine a meeting between people is more stressful free from physical
violence is real. Missionary activity has always held the psychological
violence contained in it, however it is done discreetly. He was directed to
divert the minds and hearts of people away from their native religion to a
religion that is not generally sympathetic and hostile to him.
Muslims
in Indonesia is very diverse and understanding of Islam also stratified. If
this is not taken into account carefully, then there will be considerable
resistance. Ultimately, this situation could cause a bad image of the Sharia
(syari’ah/ the low ) itself, that Sharia
law as a godlike was not functional. ”[1].
Group
of secular and non-Muslims, do not want religious law (Islam) into national
law, either in part or whole, even some Muslims themselves there who disagree
with the formalization of sharia, because many of the provisions of Sharia are
considered not in line with democracy, such as freedom and tolerance, including
in this case is a question of freedom of religion, while it is in classical
fiqh of people who convert from Islam (apostasy / conversion of religion), must
be put to death .. Solving the problem doctrinaire and academic accountability,
above all that is which methodology can be distinguished in terms of which the
doctrine of Islam that still remain (al-tsawabit) and which can be transformed
through reinterpretation (al-mutaghayyirat).
Islamic
Ummah in addressing the trend to formalize this Shariah, Rifyal Ka'bah giving
is a very moderate and flexible, that the unity of Islamic Sharia precedence
over differences that cause conflict. Because of that pluralism should be
viewed in the context of a life together that is harmonious, rational,
peaceful, tolerant and help each other and fill the contents of their fellow
creatures of Alloh. [2]
In
the context of the position of Muslims and non Muslims, who maslahah at this
point is the similarity between the citizens, because it is based on the
principle of peace and equality. Aspiration to the formalization of Islamic
Sharia
that is special aspirations of Muslims, who constituted the majority. However, the formalization of Shariah is just not easily implemented in these countries are very plural. Therefore, it is necessary or essential substantive implementation of Sharia law through integration / Islam into national law. Efforts to integrate religion into the national system is actually not only the monopoly of Islam, but it is the right of all religions in Indonesia. Of course, these efforts need to be accompanied by the objectification of the teachings of Islam,[3] so that the implementation of this teaching is not only understood solely as a form of subordination of Muslims to Allah (ta'abbudi) but he is needed as a common rule, because in principle the rule of law both in a state is a rule that is acceptable to all parties, and not just because they had to follow the majority.[4].
that is special aspirations of Muslims, who constituted the majority. However, the formalization of Shariah is just not easily implemented in these countries are very plural. Therefore, it is necessary or essential substantive implementation of Sharia law through integration / Islam into national law. Efforts to integrate religion into the national system is actually not only the monopoly of Islam, but it is the right of all religions in Indonesia. Of course, these efforts need to be accompanied by the objectification of the teachings of Islam,[3] so that the implementation of this teaching is not only understood solely as a form of subordination of Muslims to Allah (ta'abbudi) but he is needed as a common rule, because in principle the rule of law both in a state is a rule that is acceptable to all parties, and not just because they had to follow the majority.[4].
Controversy among the Mazhab of
Islamic law[5] on the application of legal sanctions riddah / religious
conversion, the death penalty and sentenced not to death, because there are
differences in istinbat law, in which methods and approaches they use it
differently in the diligence, so that mutual legal product contrary. Some
scholars categorize that is riddah as jarimah
hudûd confirmed the sentence of capital punishment, while other
scholars claim that riddah it is not as jarimah hudûd are not necessarily
condemned to death. With the presence of this disagreement, would lead to
difficulties in implementing them in a country. Legal unification process can
be applied to all citizens of a pluralistic country that became a necessity,
therefore it is necessary to have a solution that can satisfy all parties and
countries to uphold the rule of law is really a sense of justice in society can
be realized.
A.
Problem formulation
1.
What is the
meaning of religious conversion?
2.
What are the
factors that lead to religious conversion?
3.
How does the
process of religious conversion?
4.
What is the
meaning of conversion in Islam perspective?
B.
Purpose of this paper
1.
To know the
meaning of religious conversion
2.
To determine
the factors that lead to religious conversion
3.
To find out the
process of religious conversion
CHAPTER II
CONCEPTUAL
1.
Understanding Religious Conversion
a.
According to
the etymological sense of religious conversion from the conversion of other words
"Conversio" meaning: repentance, moved, and changed (the religion).
Furthermore, the word is used in English word that contains the concept of
Conversion: change of a state or from one religion to another (change from one
state, or from one religion, to another).
b.
Understanding
of religious conversion in terminology. According to this understanding will be
put forward some opinions about the meaning of religious conversion among
others:
1)
Max Heirich
said that religious conversion is an act whereby a person or group of people
entered or move a little market system of belief or behavior contrary to
previous belief.
2)
William James
said that religious conversions are many issues related to psychological and
environmental influences is the place.
Religious
conversion is
intended to include some understanding of the characteristics:
(a)
The change of
direction and confidence in one's views on religion and belief espoused.
(b)
Changes
occurring psychiatric conditions that influenced the change proceeds, or a
sudden.
(c)
The changes are
not only valid for the transfer of trust from one religion to another religion,
but also includes changes view against religion itself.
(d)
In addition to
psychological factors and environmental conditions and even then the changes
caused by factors guidance from The Almighty.
2.
Factors Causing The occurrence of Religious Conversion
Some experts
disagree in determining who becomes the driving factor of the conversion.
a.
The experts
claim that religion is a motivating factor is the religious conversion of
divine guidance. Supernatural influence plays a dominant role in the process of
religious conversion in a person or group.
b.
Sociologists
argue that the cause of religious conversion is a social influence. Social
influence is comprised of a variety of factors, among others:
1)
The influence
of interpersonal relationships, whether social or religious nature non-religion
(art, science or other fields of culture).
2)
Effect of
regular habits. Such as attending religious ceremonies, or meetings that are
religious in both formal and informal institutions.
3)
Influence the
recommendation or the propaganda of those who are close. Eg friends, family,
relatives, and so forth.
4)
The influence
of religious leaders. Good relationships with religious leaders is one of the
driving factors of religious conversion.
5)
Influence of
society on a hobby. Society is a person based on his hobby of can also be a
driving force of religious conversion.
6)
Influence of
the leader. Society generally tend to embrace the religion professed by their
heads of state or king.
c.
Psychologists
argues that the impetus for religious conversion is caused by psychological
factors internal and external factors. These factors affect an individual or
group to create a kind of symptom distress, it will be compelled to seek out
the peace of mind.
William James[6], concluded
from his research that the religious conversion because:
1)
The existence
of a mental energy that controls the center of one's habit of making himself
appear on a new perception, in the form of an idea blossomed steadily.
2)
Conversion of
religion can occur because of a crisis or a sudden (without a process).
This conclusion is based on William James, Starbuck[7],
divided into two types of religious conversion:
1)
Violation type
(gradual changes)
Religious
changes of this type occur in proceeds little by little so that later became a
set of aspects and new spiritual habits. Such conversion occurs largely as a
process of inner struggle that want to distance themselves from sin because he
wanted to bring the truth.
2)
Self surrender type
(Drastic Change)
This type
conversion is the conversion that occurs suddenly. Someone with no experience
of a particular process suddenly changed his stance against a religion. Even
this change could occur from the condition of the disobedient become more
devout, than not believe in any religion then believed, and so on. On this
second type conversion according to William James to the influence of the
Almighty guidance to someone.
3)
Issues related
to the occurrence of religious conversion is based psychologists are in the
form of exemption from distress.
Background factors arising from within (internal) and of the
environment (external).
1)
Internal
factors
Which influence
the occurrence of religious conversion is a Personality. The psychology of a
particular personality type will affect the lives of one's soul. According to
the study W. James has that type of melancholy more profound sense of vulnerability
may lead to religious conversion in him. Guy E. According to the study Swanson
that there is a tendency of birth order affect the conversion of religion.
Middle children are usually more hesitant in defining religion as compared with
the eldest or youngest child.
2)
External
factors. Among them are;
(a)
Family factor
Broken home,
different religion, loneliness, sexual difficulties, lack of recognition of the
relatives, and others. Such a condition would cause a person distress.
(b)
Environment factor
The environment in which to live.
People who feel knocked out of the environment will find themselves living
alone.
(c)
Status factor
Change in status of a sudden the
last example: divorce, out of school or society, change jobs, marry people of
different religions.
(d)
Poverty factor
Urgent need for food and clothing
can affect the occurrence of religious
conversion.
(e)
Education factor
That
the conventions of religion is affected by the condition of education.
Establishment of schools under the auspices of religious establishments must
have a religious purpose as well.
According Zakiyah Daradjat, Factors influencing religious
conversion is[8]
:
1)
Inner
contradictions (conflicts of the soul)
The
feelings of tension a restless people, who in his fight various problems, which
sometimes - sometimes he felt helpless against the issue or problem it is easy
to experience religious conversion, including the inner tension that is not
inability comply moral values and
religion in his life.
2)
Influence the
relationship with religious tradition.
Activities of
religious institutions have a major influence, especially social activities.
The habit is experienced as a child, through the guidance of institutions that
religion, including one important factor that facilitates the conversion of
religion if the adult age he became indifferent to religion and mental tension
experienced inner conflicts are not resolved.
3)
Invitation and
suggestions.
Religious
conversion events occur because of suggestion and persuasion from the outside
if the person's conversion experience can feel relief and inner peace in the
new faith, so long eventually it will go into his personal beliefs.
4)
Emotional
factors
In a study
George.A. Coe that religious conversion is more common in people who are ruled
by his emotions. There are emotional peoples (much more sensitive or controlled
by his emotions) susceptible to suggestion when he suffered anxiety. According
to G. Stanlay Hall, famous for their teens to the age of emotional shock.
According Starburk, that the age that stand for religious conversion in males
is 16 years 4 months, and for women 14 years and 8 months. If us back to
reality in life, not least which conversion events occurred at the age of 40 or
50 years or more.
5)
Volition
Willingness is
also an important role in religious conversion. Proved that the conversion
events that occur as a result of inner struggle that want to experience
conversion. this can be followed from the biography of Imam Al Ghazali who
experience that our work and the book - the first book on the reefs is not of
faith, but came from a desire to find the name and rank.
3.
The process of religious conversion
According to Penido MTL, argues that religious conversion contains
two elements, namely:
a.
Elements of the
self (endogenous origin),
The process of
change that occurs in a person or group. Conversions that occur in the inner
consciousness to form a hold of a transformation caused by the crisis of the
individual. This process occurs according to the psychological symptoms which
reacts in the form of psychological destruction of the old structure and ones
with the process appears also selected a new psychological structure.
b.
Elements from
the outside (exogenous origin)
The process of
change that comes from outside the self or the group, so as to control the
consciousness of people or groups concerned. The power that comes from outside
is then pressed their effects on consciousness, perhaps in the form of stress,
so it takes result by the question.
Framework put forward by the process of religious conversion:
a.
H. Carrier
Divide the
process in the staging as follows:
1) The disintegration of the synthesis occurs as a result of cognitive
and motivational with crisis of experienced.
2) Reintegration of personality based on the conversion of a new
religion, it creates a new personality as opposed to the old structure.
3) Growing acceptance of new conception of religion as well as the
role demanded by his teachings.
4) Arising out of the new state of consciousness that it is a sacred
calling God is instructions.
b.
Dr. Zakiah Daradjat.
Give
his opinion based on psychological processes that occur through five stages:
1) The period of calm
While this
condition of one's soul in a state of calm, because the problem has not
affected his religion. Where all the attitudes, behaviors, and their properties
against religious indifference.
2) The period of unrest
This stage
takes place if the issue of religion have affected his mind. Due to a crisis,
disaster or guilt that they experienced. This raises shaking the inner life,
resulting in shock that raged in the form of anxiety, panic, despair and
indecisive. severe mental conflicts that cause people to be more sensitive
(easily sensitive, touchy and easily subject to suggestion). At this stage a
process of selection of a new confidence to overcome his inner conflict.
3) The period of conversion
This period
occurs after the inner conflict experienced calmness, because the stability of
mind in determining the decision to choose a matching or be resigned to the
emergence of a sense of tranquility created in the form of willingness to
accept the conditions experienced as divine guidance.
4) The period of calm and serene.
Period of calm
and serene contentment brought about by the decision taken. It arises because
it has been able to bring the atmosphere of the mind becomes steady as the
declaration of the acceptance of new concepts.
5) The conversion expression.
Disclosure of
religious conversion in his attitude, behavior, attitudes and words, and entire
way of life change to follow the rules that are taught by religion. That is
what will bring permanent and solid change that belief.
c.
Wasyim
Broadly divided
into three religious conversion process, there are:
1)
The Restless,
anxiety or uneasiness because of the gap between the religious man with God in
worship. Characterized by conflict and struggle mentally active.
2)
There is a
sense of resignation
3)
Growth is a
logical progression, which seems the realization and expression of a conversion
experience in his life.
The process of religious conversion, in a society takes various
forms:
1)
The process of
religious conversion, in a society takes various forms: Drastic changes. Is the
process of religious conversion of disobedience to obedience, which the period
is fast, because there are problems that can not be solved by individuals,
which is caused by the absence of previous individual experience.
2)
Environmental
influences. Environmental influences affecting the attitudes and outlook of a
religious belief.
3)
The influence
of idealism sought. This process usually takes a long time. Individuals always
feel in faith dubious. But if, there is evidence that could convince him, then he
will be fully convinced.
4.
Convertion in Islam perspective
The
life of society, nation and state, between one of the principle is the
principle of freedom / independence (al-Hurriyah). This freedom includes
freedom of thought, freedom of expression, freedom of studying, freedom has a
wealth / property and religious freedom.[9] The
freedom of religion is Islam teaches that man is to embrace a religion there
should be no coercion and no need to force others (Surah Al Baqarah: 256,
Surah Yunus: 99).
Coercion causes the soul is not peaceful, because there is no
compulsion in faith embraced Islam.[10] Fragment
of verse, "Do you, forcing humans, that they may be people who believe
it"? (Q.S. Yunus: 99). addressed to the Prophet Muhammad who
seek in earnest beyond his capability,-that it's almost self-harm in order to
invite people to believe in Allah SWT. What did he do for a variety of efforts
and various kinds which he means to do so as if it has reached the stage of
"coercion", ie, coercion to self and is almost like the coercion of
others, although certainly not coercion. Fragment of the text also indicating
that the attitude of the idolaters, totally beyond the power of the Prophet Muhammad
to change it. [11]. The
Word of God (Surat Al-Kahf: 29) "if you want faith, the faith, but if
you want a pagan, then the disbelievers". The phrase does not mean
that God gives relief to determine the choice between believers and infidels,
nor give free ummah to be the choice pursuant to which he liked, but the
revelation of God as a form of threat and antipathy towards those who choose
disbelief rather than faith. Therefore, at the end of the verses of Allah
threatens with hell fire for those who disbelieve in Him and will provide a
haven for those who believe.[12]
God does not give worldly threat to anyone who embraced the
religion according to his beliefs, if he converted to Islam or religion other
than Islam, as well as religious conversion, or converted from Islam to another
religion or of religion other than Islam the religion of Islam. Rights of all
people are given the freedom to have their beliefs, without having to be forced
and without having to force others. Therefore, if there is for someone at first
embraced the religion then move on to other religions (riddah) both from Islam
to non Muslims or otherwise, which is often referred to as the act riddah /
apostasy, it is necessary to look for the reason if it is seen as a crime that
should obtain legal sanction, especially when the sentence was a death
sentence. For those who do not have a religion riddah was certainly not a
problem. Problems arise when the conduct riddah it is people who already have a
religion. In the classical period and Middle Ages, Islam regards those who do riddah
of allegiance to Islam is an unforgivable sin. They are considered to be
away from God as the owner and can weaken the State, because such action can be
categorized as an uprising or rioting. They were deserving of punishment,
forced to return to Islam and repent. If required the return to Islam by force
and torture. Those who do not embrace Islam again ended his life with the death
penalty by the state.[13]
Scholars
call this converted specifically referred to as riddah. They gave it to
editorial restrictions riddah different, but substantively the same. Riddah
the language: that Ar-ruju'u 'ani ila al sya'i ghairihi (turn away from
anything to anything else).[14] According
to the terms of the religion of Islam is out to disbelief best done by deeds,
words, or doubts i'tiqad.[15] Such
as the belief that Allah is the Creator of none, apostolic Muhammad is not
true, justify an act that is forbidden, such as adultery, drinking liquor and
unjust, or forbid the lawful, such as buying and selling, marriage, or deny the
obligations agreed on all Muslims, such as denying the five daily prayers, or
show behavior indicating that the person concerned has been out of the religion
of Islam, such as throwing the Koran to the disposal of sewage, idolatry and
sun worship.[16]
Punishment
on the perpetrators jarîmah riddah among scholars is still a conflict of
opinion, not only of contemporary scholars, but the Imam schools still do not
agree in establishing the death penalty for perpetrators jarîmah riddah women,
although they agree that the punishment for the offender riddah was bound by
the terms of the passage the form of capital punishment.
All
the major schools instituted capital punishment for the offender riddah,
although they differ about the demise of punishment-stoned, burnt, crucified,
killed, expelled / excommunicated, or tortured before death.[17] At
the implementation level in the sentencing of the perpetrators of this riddah
not all scholars recognize the death penalty, even in interpreting the text, or
the passage of legal sanctions for the perpetrators of this riddah there
are scholars who do not receive the death penalty, because the passage is
necessary to understand the methodological approach istimbat law, so
that the text needs to be approached from various aspects, not just accept the
corresponding literal meaning but must be reviewed background of the birth of
factors including a chronological text, patterns, social conditions, and its
purpose.
Riddah
death has been agreed by the classical scholars of Islamic law for men, while
women there are legal sanctions against dissent. According to Abu Hanifah
sanctions are not killed in prison, while jumhur fuqoha (the majority of
scholars of fiqh), rejected the opinion of Abu Hanifah and agreed that the
death penalty against the offender riddah apply to men and women.[18] According
to the Hanafi itself riddah not go as jarîmah hudûd.
When viewed in terms of the historical beginning of the
kholifah Abu Bakr any riddah problem event has occurred on a large scale
that shook the stability and eksistansi Islamic State that has been built by
the Prophet SAW. Abu Bakr was forced to quell dissent with violence in
the history of Islam, known as Riddah war. Events at the time of Abu
Bakr Riddah that is the foundation of all sorts of consequences imposition of
punishment for heretics. The scholars always cite what happened at the time of
Abu Bakr on Riddah as evidence of the early history of the imposition of
punishment Riddah. However, in this modern era, this doctrine can be
applied to contain the problem. Modern society would oppose it. They assume,
that the affairs of religion is a private matter that is included in every
human rights. Anyone, including religious doctrines, may not violate the rights
of others. Actions taken by Abu Bakr in the capacity as head of government to
the tribes of Medina who had escaped it did not include the issue riddah.[19]
The death penalty for people who are considered
"apostate" or out of the religion that still survive today, and is
believed by the majority of Muslims today. Although this doctrine is now being
strongly criticized by Muslim activists who fight for human rights. Death
penalty for perpetrators riddah / apostate, according to them, contrary to
human rights, as well as hitting the central doctrine of Islam itself on
religious freedom in accordance with the famous verse, la ikraha fi 'l-din. According to
the pro-human rights activist, if Islam embraces the principle of freedom of
religion but for those who ordered the killing to come out of Islam (apostate),
then obviously this is a form of inconsistency. If people are free to convert
to Islam, that person should also be given the freedom to leave Islam as well.
This principle applies to all religions: If a person is free to convert to
Christianity, so he should be free to come out of religion.[20]
Recognition of one's freedom to choose a religion has been
described in early Islam. in fact, freedom is a "slogan" the right of
every individual, because one of the fundamental pillars that embody the safety
of individuals and communities. Freedom of religion, politics and thinking is a
form of reward al-Qur'ân that Allah SWT has given to man. Thus, the
issue of religious freedom in Islam is not the goods "imported", but
is affiliated with the dynamics of Islamic thought over time. In al-Qur'ân
written many verses that clearly reveal about religious freedom. Also, duties
and functions of an Apostle instead of forcing all people to embrace Islam, but
merely conveys God's message. Al-Qur'ân assertion of religious freedom
is a proof that forcing someone to convert to Islam is not justified. The issue
of religious freedom in Islam is not limited to allowing a vote against a
religious man, but more than that, give freedom to the followers of every
religion to carry out the rituals of their religion. This is because the
'theme' belief is a matter which will hereafter be reckoned by God on Judgment
Day future.[21]
Of
course, this view is opposed by the conservative Islamic circles, especially
the fundamentalists. Currently, a number of Islamic groups who want to apply
the Islamic Sharia, especially relating to "hudûd" (literally meaning
"border") or criminal law. Suicide law for apostasy, or leaving
Islam, including the law by the pro-Sharia in Indonesia are required to be
implemented at this time. Although all religions face this problem, and in
particular the level of the scale is so extreme as Catholics / Christians in
medieval times, but it must be said frankly that today Islam is a religion that
face this problem very seriously. Challenges faced by Muslims today is how to
solve this problem excommunication. If not, Islam will continue to be
identified by people outside of the violent and exclusive attitudes. Although
Islam is basically a religion that teaches peace is clear and live in harmony,
peaceful coexistence, but Muslims must honestly admit that there is potential
in Islam that leads to the opposite, namely anti-violence and harmony. Duty of
Muslims is to make the process of "socio-theological analysis", in a
sense break down a number of teaching and social practices that have the
potential to cause violence and attitudes of anti harmony and dialogue. Heart
of the matter is that the criteria for determining a person as an infidel or
apostate is very flexible. Two terms that currently tend to be so easily used
to judge the different opinions, just because a trivial difference, someone
could be accused of infidels or apostates. Therefore, there are at least three
basic agendas in order to display the back face of Islam that is friendly,
tolerant and inclusive. First: the necessity to do a critique of some aspects
of Islamic tradition that gave birth to hatred seen, inhospitable and
intolerant attitude towards other people in pemarginalan religion. Second,
having to make a reconstruction (restoration of) the history of tolerance,
friendliness and mutual understanding (mutual understanding) between the
believers who lost in the Islamic tradition. Third, having to make the
interpretation of religious texts that have been considered and given birth to
hate outlook, intolerant and hostile towards others religions. In doing reinterpretation
or re-interpretation of the texts of the Koran or the need to offer a method of
interpretation hadist integrative and ethical perspective of the Qur'an.
Through this integrative interpretation method is expected to find an authentic
message of the Qur'an as well as a concrete contribution to the efforts of
theology embodiment of unity, harmony and peace. The ambiguity in the
interpretation of religious texts (al-Qur'an and al-Hadits) due to the
method of interpretation has been a tendency characterized, as follows: First;
method of partial interpretation of the text that is to take and interpret the
text of the Qur'an and al Hadits in apart, paragraph by
paragraph, without integrating the whole. Second, the theory of interpretation
in the complete texts are considered to be contrary, tend to use the theory of
nullification or nasikh and mansukh, without the effort of
integration between the texts that are considered contrary to it. Third, tend
to be literal-scriptural, that is to interpret the text according to what is
written in the text, without digging deep to what lies behind the text (such as
historical social context at the time the Qur'an was revealed). Fourth: tends
to be more dominant faith without reason did the local historical criticism and
the growing age of reason.[22]
To
be legal standing in proportionally, it would require an interpretation that is
operationally required compromise do
interpretations or hermeneutical interpretation of any text that is opposed by
altering the meaning of the face’s text to other, more relevant meanings that
seem contradictory. Interpretation effort is done by considering a few things:
First: Al-Quran should be read in the whole series, in totality or whole, not
partial or in parts, so to avoid being contradictory. Second, need to consider
the historical and social context at the time the text of the Qur'an was
revealed, both the micro context as the cause it’s nuzul, as well as
macro context (social and cultural historical setting at large, including the
politico-relegion conflict). These considerations are very important so that
efforts takwil or hermeneutical interpretation of the compromise texts
is not likely to be contrary to forced or artificial (contrived). Basic theory
of interpretation (hermeneutics) is also used Fazlur Rahman in the
socio-historical method, known as the theory of double movementnya. Third,
distinguishing between moral ideal (universal Ethic) with specific legal rules
(special law). Among the moral ideal or universal ethics of the Koran are the
most important is justice (al-'is), or egalitarian equation (al-Musawah),
consensus, tolerance (al-tasâmuh), please memolong (al -ta'âwun),
brotherhood (al-ukhuwwah), freedom (al-Hurriyah) and peace (al-sulh).
In addition, there is a moral ideal that religion is a universal principle of
maintaining religion, soul, mind, honor and descent as well as maintaining the
property. Conceptually, the distinction between moral ideal or universal ethics
of the Qur'an with a specific legal rule is grounded in the tradition of
interpretation that developed the proposal, which relates to the theory and
interpretation kulliy juz'iy (universal and particular). Kulliyah are
universal principles that refer to the good of the public (beneficiaries al
ummah), which include maintaining the principles of religion, soul, mind,
honor and descent, as well as the principle of maintaining the property. Based
on these universal principles of Shari'ah foundations built. 're Juz'iyat
is the legal principles that are specific. In theory this interpretation juz'iy
kulliy and, if the rules conflict with the rules kulliyah juz'iyah, then that
becomes the main reference is the rule kulliyah. Therefore, these universal
principles to be a very important instrument in understanding and completing
texts that are considered incompatible. Fourth: consider the demands of
changing times and growing spirit of reason, where the interpreter lives.
Existential function of the Qur'an is to provide guidance to people in their
social behavior in the world.[23]
Muslims
Ekslusifisme developed through the method of partial interpretation and literal
text without regard to the aspects of the historical, socio-politico
ideological values will result from the establishment of Shari'ah principles
of peace and well-being of the ummah to be annihilated and Muslims impressive
not only against human rights , but the conflict has been building for human
life that brings mudharat or damage.
According
to Al-Na'im to re reconstruction of some aspects of the Shari'ah to adhere to
the fundamental sources of Islam and remains consistent in the view of morality
and religion in Islam. The first step can be done by way of the view that
Sharia law, especially concerning the public is not a sacred law, making it
possible to change some aspects of the legal provisions without destroying the
sense of religious Muslims. He could develop following human development.
Although taken from a sacred source, Shari'ah is not sacred because it is a product
of human interpretation of the source. When Muslims are offered to implement
Islamic Sharia in the world today in public law with all its consequences, and
they are given the freedom to implement it or leave it, without the threat of
or accused of apostasy, the majority of them will reject the application of
shari'ah. He believes that the application of Shari'ah public law is now
counter-productive and will damage the Muslims and Islam itself. Next Al-Na'im
argued though riddah (out of Islam) has been criticized by al-Qur'an in the
words of the loudest, but the Qur'an does not specify any punishment for
riddah. The majority of Muslim jurists had mengkalsifikasikan riddah as that
could be put to death as mentioned in the Sunnah. Such classifications violate
rights to freedom of religion supported by the Qur'an in several verses. Rely
on the authority of the Koran which is higher for the freedom of conscience and
denies that there is sunnah that imposing capital punishment, can be explained
from the special situation of the cases discussed some modern Muslim writers
who argue that riddah not had. This approach does not discuss the negative
consequences other riddah in Shari'ah, nor preclude the imposition of other
penalties for riddah with ta'zir.[24]
Shahrur
view that: the only criteria for taking or not the laws contained in the Sunnah
of the Prophet is whether the laws are in line or is contrary to the Qur'an and
the facts of life. If appropriate, it is taken and if the contrary, it is
abandoned.[25] In
the context of the determination of the death penalty for perpetrators jarîmah
riddah clear only found in the Sunnah of the Prophet, not specified in the
Qur'an.
Muhammad
S. El Awa state that riddah does not include hudûd, but punished with severity
ta'zir which is determined by the ruler. But the ta'zir punishment is
given only if riddah cause damage
in the community. This means that if the act does not cause damage riddah in
society, then there should be no punishment whatsoever.[26]
Indonesia is not the state religion although the State protect
religious adherents, in addition to the multicultural and prularis citizens. It
seems to formalize Islamic law binding for all citizens will experience a
serious obstacle, it does not mean there is no chance, but the impact that will
arise therefore, should be a political calculation and calculations for the
integrity of the unitary Republic of Indonesia. The problems that arise related
to the old infrastructure of the Penal Code and the development of internal
problems in the midst of the externally added strong encouragement from the
public to sue the state to immediately realize the codification of criminal law
which is national.[27]
The struggle toward the establishment of a national legal system refers to the
value and morality of Islam is an absolute must work optimally. To implement
all that does not have to change the Republic of Indonesia into an Islamic
state, but most importantly that Islamic law must be internalized and become
the main foundation for the structure of national law. Therefore, Islamic law
can serve as the main foundation and complement the deficiencies of national
law.[28]
Strength
of Islamic Sharia in managing public order and peace, but that is moral and
normative in the field and muamalah ubudiyah, should also be supported
in the field of jinayah to all the rights of the deprived communities
can be restored. Therefore, the Islamic criminal law as public law which
regulates the public order, should dilegislasi into positive law.[29]
Positifisasi of Islamic Sharia is meant as an attempt to legalize the Islamic
Sharia law to be positive, then applied them in real life practice. The process
of legalization of Islamic Sharia in the form of draft laws can be delivered
from the executive and legislative or other designated party, as a manuscript
proposal academics. Then the bill is processed into law or other regulations
that have a holding capacity and meet the elements of justice and the rule of
law in society.
CHAPTER III
CLOSING
Religious conversion etymologically derived from the Latin
word "conversio" which
means repentance, moved, changed (the
religion). While the conversion of
religion (religious conversion) in general can
be interpreted by the change of religion or
a religion. According to Thouless (1992), religious
conversion is the term generally given to
the process that leads to the acceptance of a
religious attitude, a process that can
occur gradually or
suddenly.
According Moqsith, the kinds of religious conversion to differentiate into two types: (1) internal
conversion, occurs when a person moved
from school to
school and a
particular perspective and
other perspectives, but still within the same
religion. (2) Conversion of
external, occur when a person moving from another
religious faith.
Psychological process that occurs through
the five stages, namely: the quiet, the lack of calmness, the
conversion, the calm
and serene, and the conversion. Religious scholars
declared that the driving factor is the religious conversion
of divine guidance.
In general, contain two elements
of religious conversion as expressed by MTL
Penido, there is: the elements of the
self (endogenous origin)
and elements from
the outside (exogenous origin).
In
Islam perspective (The authority peoples or scholars), Conclusion of the issues
discussed:
a.
According to
Imam Malik, Shafi'i and Ahmad ibn Hanbal:
Riddah it be categorized as either perpetrators jarimah hudûd, that men riddah and women riddah and the law
sanctions the death penalty. While the Imam Abu Hanifa did not categorize riddah
as jarimah hudûd, although legal sanction for men sentenced to death, and for women
are not executed but imprisoned. Source is used as the basis for the offender
to death sentencing riddah / apostate, based on the proposition zonni.
Consequently riddah position and legal sanctions to be the case ijtihadi.
b.
According
Majority of contemporary scholars:
Majority of
contemporary scholars do not agree that is riddah as jarimah hudûd
that should put to death, with the reasons: Al-Qur'ân does not specify
any punishment because God has established the principle of independence faith.
Prophet and the Companions were not pushy and did not execute the perpetrators riddah
/ apostate. The death sentence handed down to him for political jarîmah
in the form of rebellion or subversion.
c.
The existence
of two poles of thought (formal and substantial cultural)
Is unlikely to
find common ground and always will be controversy. Religion became the driving
and supporting the development of Indonesia, but on the other hand, the issue
of religion can lead to sectarian conflict. The provision of punishment for
those who converted / riddah as a form of domination is the absolute
truth of a religion. Such provisions for the Indonesian nation that embraces
all faiths are the provisions that are difficult to be realized in the criminal
law. Major conflicts between Muslims and other religions will arise if it is
enforced.
d.
Riddah on the
basis of his own choice (usual Jarimah)
is the right of
individual freedom. But if it is accompanied his riddah other motives
(political jarimah and or breach of public order) that result in conflict,
instability and disintegration of the nation, then he could be sentenced ta'zir
death penalty, prison, or other. Legal sanctions were dropped because there are
aspects of crime not because his riddah.
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[1] M. Arskal
Salim, “Politik Hukum Pidana Islam di Indonesia”, Jaenal Aripin dan M.Arskal Salim, (ed.) “Pidana Islam di
Indonesia”, ( Jakarta: Pustaka Firdaus. 2001), Cet ke-1, hlm. 265-266
[2] Rifyal
Ka’bah, “Pluralisme dalam Perspektif Syarî‘ah”, Sururin (ed.), Nilai-Nilai
Pluralisme dalam Islam, (Bandung:
Nuansa. 2005), Cetke-1, hlm.77.
[3]
Objektifikasi ajaran Islam adalah sebuah konsep yang mendasarkan diri pada
sebuah analisis sosial empiris, bukan berangkat dari sebuah analisis yang
bersifat tekstual (Lihat Kuntowijoyo,
Identitas Politik Ummat Islam,(Bandung: Mizan. 1997), Cet ke-2, hlm. 73.
[4] Masykuri
Abdillah, “Wacana Formalisasi Syari’at Islam”, Muhammad Zain . (ed.), Formalisasi
Syari’at Islam di Indonesia, Sebuah Pergulatan yang Tak Pernah Tuntas,
(Jakarta: Renaisan, 2005) Cet ke 1,
hlm. 5-9.
[5] Mażhab berasal
dari Żahaba yang berarti pergi atau berjalan; Mażhab = tempat berjalan; secara
terminologis berarti aliran, doktrin, ajaran. (Atabik Ali,. dan Ahmad Zuhdi
Muhdlor, Kamus Kontemporer Arab-Indonesia, (Yogyakarta: Yayasan Ali
Maksum. 1996), Cet ke 1. hlm 1677). Mażhab adalah paham atau
aliran hasil seorang mujtahid tentang hukum Islam melalui Ijtihãd atas dasar al- Qur‘ân dan Hadits. (Edy A.
Effendy, (Ed). “Prolog: Kaum Intelektual dari Pojok Ciputat”, dalam Dekontruksi
Islam Mazhab Ciputat, (Jakarta: Zaman Wacana Mulia, 1999), cet I, hlm. 4),
Asad Haydar menyebut tahun 465 hijrah sebagai tahun ditetapkannya empat mazhab
yang diakui khilafah Islam waktu itu. (Lihat Jalaluddin Rakhmat, ”Tinjauan
Kritis atas Sejarah Fiqh: Dari Fiqih Al Khulafa al Rasyidin hingga Maíhab
Liberalisme”, Budi Munawar Rahman (ed), Kontekstualisasi Doktrin Islam dalam
Sejarah, (Jakarta; Yayasan Paramadina. 1994), Cet ke 1, hlm 279.) Para imam
Maíhab atau Imam Mujtahid itu adalah
Imam Hanafi, Maliki, Syafi’i dan Imam Ahmad bin Hanbal, dan sudah cukup
dikenal di Indonesia oleh sebagian besar ummat Islam (lihat M. Ali Hasan, Perbandingan
Maíhab, (Jakarta: PT Raja Grafindo Persada, 1995) Cet ke-1, hlm. 183 Lihat
: Jaih Mubarok, Sejarah dan Perkembangan Hukum Islam, (Bandung: PT.
Remaja Rosda Karya. 2003), Cet ke-3, hlm. 71.)
[10] Quraisy
Syihab, Tafsir Al Misbah Jld I, (Jakarta: Lentera Hati. 2007) Cet ke-9,
hlm. 551-552.
[11] Quraisy
Syihab, Tafsir Al Misbah, Jld 4, (Jakarta: Lentera Hati. 2006), Cet
ke-5, hlm. 164-165.
[12] Abî Abdillah
Muhammad bin Ahmad Al Ansâri al Qurùubi, Al Jamiîu al Ahkâm al Qur’ân,
Juz 10, (Bairut: Dãr Ihyâ al Turaå al
Arabi. t.th), hlm. 341.
[14] Mahmûd Fuâd Jâdullah, Ahkâm al-Hudûd Fi al
Syarî’at al-Islâmiyah (Mesir: Al Hai’at al Mièriyah al ‘Âmmah lil Kitâb,
1984), hlm. 137.
[15] Abû
Abdillah, Abdurrohmân bin Nâṣir bin
Abdillah bin Nâṣir bin
Hamdi Ali Sa’udi, Manhaj al Sâlikin wa Tauæihu al Fiqhi
fî al dîn, (Madinah: Dãr al Waton. 2002), Juz 1, Cet ke-2, hlm. 244
[16] Abdul Aziz. Dahlan, dkk, (ed.). Ensiklopedi Hukum Islam, (Jakarta: Ichtiar Baru Van Houve,
1996), jld 4, Cet ke-1, hlm. 1233.
[17]Yusdani ,
Formalisasi Syari.at Islam dan Hak Asasi Manusia di Indonesia, (Yogyakarta:
Al-Mawarid. Edisi XVI, 2006), hlm. 200-201.
[18] Zainuddin
Ali, Hukum Pidana Islam, (Jakarta: Sinar Grafika. 2007), Cet ke-1, hlm. 76-77.
[19]Samsul Arifin, Riddah Pada Masa
Abû Bakar ( Telaah Sosio - Historis ) Undergraduate Theses from JTPTIAIN /
2007-01-23 14:18:35.
[20] Ruzbihan Hamazani, Islam, Ekskomunikasi,
dan Masalah Penyesatan
December 30, 2007 in Isu-Isu Kontemporer.
68Hermanto Harun, Kebebasan Beragama di
Indonesia Mengurai kusut kebebasan beragama, http://ibnuharun .multiply.com/ Jul
21,08 10:38 PM for everyone.
[22] Hendar Riyadi, Melampaui
Pluralisme, Etika Al-Qur’ãn tentangf Keragaman agama, (Jakarta: RMBooks
& PSAP. 2007), Cet ke-1, hlm. 14-15.
[23] Ibid, hlm. 14-27.
[24] Abdullah Ahmed an Na’im, “Toword
an Islmic Reformation civil Liberties, Human Right, and International Low”, (New York: Syracuse University Press, 1996),
Cet ke 1, hlm. 109..
[25] Muhammad Syahrur, Nahw Uèûl Jadîdah
li al-Fiqh al- Islâmi, Pen. Syahiron Syamsuddin, Methodologi Fiqh Islam
Kontemporer, (Yogyakarta: el-SAQ Press. 2004), Cet ke-1, hlm. 106..
[26] Mohammed
S. El Awa, Punishment in Islamic Law : A Comparative Study ,(Indianapolis:
American Trust Publication, 1992), hlm. 55.
[27] Ahmad
Bahiej, Sejarah dan Problema Hukum Pidana di Indonesia, (yogyakarta:
Sosio Religia, Vol I, No.4. Agustus 2005, hlm. 19.
[28] Reza Fikri
Febriansyah, Eksistensi Hukum Islam Dalam Struktur Hukum Nasional Indonesia Artikel Hukum Islam,
Dikirim/ditulis pada 23 April 2007
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