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The Other Side of the History of the Formulation of Aceh Jinayat Qanun

Salma, Salma and Fajri, Almuh and Hidayat, Taufik and Safri, Edi (2022) The Other Side of the History of the Formulation of Aceh Jinayat Qanun. Ahkam: Jurnal Ilmu Syariah, 22 (1): 21000. pp. 83-110. ISSN 2407-8646

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Abstract

In the context of fiqh, the provisions of ḥudūd have been agreeable in terms of the actions and punishments. However, some of them are not mentioned in Aceh Qanun No. 6/2014 on Jinayat (Criminal) Law, such as stoning, death sentence, and hand amputation. These three types of punishment were harshly debated during the formulation of the qanun and subsequently abolished. Using the historical legal approach, this study finds out there were some issues that came up during the formulation process. First, the assessment of the local government and people’s readiness to implement those punishments has not been sufficient. Second, stoning, the death penalty, and hand cutting are not in accordance with the Indonesian procedural law. Third, the qanun formulation was affected by the disparity of Islamic legal scholars’ opinions regarding the mentioned penalties. Forth, the discussants in the forum believed that the implementation of Islamic criminal law needs phasing (tadarruj).

Item Type: Article
Subjects: Agama Islam > Ilmu Hadis
Agama Islam > Hukum Islam
Depositing User: Nandi Pinto Amrizal
Date Deposited: 08 Dec 2022 01:27
Last Modified: 08 Dec 2022 01:27
URI: https://scholar.uinib.ac.id/id/eprint/764

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