Analysis of ‘Uqubah Jarimah Khalwat in the Qanun of Jinayatlaw in Aceh

Nurdin, 2006065701 (2020) Analysis of ‘Uqubah Jarimah Khalwat in the Qanun of Jinayatlaw in Aceh. IOSR Journal Of Humanities and Social Science.

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Abstract

„Uqubah or punishment is a form of retaliation for someone for his/her actions in violation of the
provisions of syara‟ (sharia),which Allah and His Messenger have decreed for the benefit of humans.
Jarimahkhalwat, was regulated in Aceh Qanun, Number 6, theYear 2014, concerning Jinayat (Indecency) Law.
Article 23 of the Aceh JinayatLawQanun, stipulated that the „uqubah of khalwatjarīmah is ta'zīr(discretionary
punishment), in the form of ten lashes, or a fine of 100 grams of pure gold or a maximum of ten months in
prison. The „Uqubah (punishment) is too light. This argument is based on the stipulation that the khalwatjarīmah
is classified in three forms of jarīmahta'zīr, the type of violating the rights of God, as a form of immorality, and
a violation that have been affirmed in the Qur'an for which no punishment is specified in the Qur‟an or hadith.
However, the provision of Article 23 of the Aceh Jinayat(Indecency) LawQanunconsists of law renewal because
there is an arrangement for the type of„uqubah (punishment)of fine, in the form of fine gold, which must be paid
to the Baitul Mal (House of Wealth) of Aceh.

Item Type: Other
Subjects: 300 Sociology and Anthropology (Sosiologi dan Antropologi) > 340 Law/Ilmu Hukum
Divisions: Fakultas Syariah dan Hukum > S1 Ilmu Hukum
Depositing User: DR NURDIN BAKRI
Date Deposited: 22 Apr 2020 07:58
Last Modified: 22 Apr 2020 07:58
URI: https://repository.ar-raniry.ac.id/id/eprint/11722

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