الخلوة و أحكامهافي الفقة الاءسلامي والقانون الجناءي الشرعي لولاية سلانجور

Abstract

The writer had chosen the title " Khalwat and Judgment under Islamic Fiqh and Syariah Court in Selangor" A comparative view. In this project paper, the researcher used a two methods to collect the data. The method that had been used is library research which needs materials from library. The materials include the fiqh books, law books, magazines and newspapers, enactments, theses and project papers. The researcher explored the punishment of khalwat in the fiqh books and legal provision about khalwat under section 29(1)(a)and (b) of the administration of Islamic Law Enactment of Selangor 1990. The research try to explain the matters related with the term khalwat started in al-Quran and Hadith and the opinions of Ulanza'fiqll. Other matters, which had been touched, is ta'zir punishment and the punishment of khalwat offence and the implementation of the punishment with reference to Selangor Enactment. This discussion will focus to the provision of khalwat and its procedures which implemented in Selangor Islamic Department and in Syariah High Court Shah Alam. The researcher also discussed the differences between the khalwat punishment, in the fiqh books and the legal provision under the Administration of Islamic Law Enactment of Selangor. In conclusion the researcher comes will several suggestions to overcome khalwat offense before spreads in the future.