The Implementation of Criminal Act of Adultery (Comparative Study between Islamic Jurisprudence of Legal School and Qanun Jinayat In Aceh )

DOI

10.2991/iclj-17.2018.11How to use a DOI?

Keywords

Adultery; Islamic Jurisprudence of Legal School; Qanun Jinayah

Abstract

Besides to regulate Aqidah and worship, the implementation of Islamic Sharia in Aceh is conducted to regulate e Jinayah or criminal. In 2014, the Qanun/District regulation had been established to regulate the jinayah, namely Qanun Number 6 Year 2014, which was the result of revision of Qanun Jinayat ratified and enforced since July 15, 2003. One of the acts prohibited by the Islamic Sharia contained in the Qanun is adultery. Adultery is an intercourse between a man or more with a woman or more without marital ties with the willingness of both parties. Adultery in the Qanun Jinayah Aceh review is an act that is categorized in 'Uqubat Hudud which is punishable by caning and can be added by 'Uqubat Ta'zir by paying a fine or imprisonment. According to the Islamic Jurisprudence of Legal School, adultery includes 'Uqubat Hudud whose form and magnitude has been firmly defined in the Qur'an and Sunnah. Muhsan adultery (married adultery) is punished by way of stoning (thrown by gravel) to death and as for ghair muhsan (unmarried) adulterer is punished by flogging for a hundred times. The Qanun maker predominantly implements Al-Ijtihad Al-Jama'i in establishing a number of Jinayat Law Articles. The Qanun designers have essentially reinterpreted the Fiqh School and modified it by considering the benefits and interests of the Acehnese people's rights. Qanun Jinayat is a response to the wishes of the people of Aceh for the creation of lasting peace, comprehensive justice and dignity. Therefore, 'Uqubat adultery in Aceh Qanun is different from the viewpoint of the Islamic Jurisprudence of Legal School and the existence of law renewal which is the result of ijtihad from the Maker of Aceh Qanun (Muqannin). Abstract—Besides to regulate Aqidah and worship, the implementation of Islamic Sharia in Aceh is conducted to regulate e Jinayah or criminal. In 2014, the Qanun/District regulation had been established to regulate the jinayah, namely Qanun Number 6 Year 2014, which was the result of revision of Qanun Jinayat ratified and enforced since July 15, 2003. One of the acts prohibited by the Islamic Sharia contained in the Qanun is adultery. Adultery is an intercourse between a man or more with a woman or more without marital ties with the willingness of both parties. Adultery in the Qanun Jinayah Aceh review is an act that is categorized in 'Uqubat Hudud which is punishable by caning and can be added by 'Uqubat Ta'zir by paying a fine or imprisonment. According to the Islamic Jurisprudence of Legal School, adultery includes 'Uqubat Hudud whose form and magnitude has been firmly defined in the Qur'an and Sunnah. Muhsan adultery (married adultery) is punished by way of stoning (thrown by gravel) to death and as for ghair muhsan (unmarried) adulterer is punished by flogging for a hundred times. The Qanun maker predominantly implements Al-Ijtihad Al-Jama'i in establishing a number of Jinayat Law Articles. The Qanun designers have essentially reinterpreted the Fiqh S.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Nurhayati
AU  - Jailani
PY  - 2017/11
DA  - 2017/11
TI  - The Implementation of Criminal Act of Adultery (Comparative Study between Islamic Jurisprudence of Legal School and Qanun Jinayat In Aceh )
BT  - Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SP  - 46
EP  - 49
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.11
DO  - 10.2991/iclj-17.2018.11
ID  - 2017/11
ER  -