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

Jailani, 2010047204 and Nurhayati, 2017057402 (2017) Turnitin: The Implementation of Criminal Act of Adultery (Comparative Study between Islamic Jurisprudence of Legal School and Qanun Jinayat In Aceh). Atlantis Press.

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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.

Item Type: Other
Uncontrolled Keywords: Adultery; Islamic Jurisprudence of Legal School; Qanun Jinayah
Subjects: 200 Religion (Agama) > 297 Islam > 2X4 Fiqih
Divisions: Fakultas Tarbiyah dan Keguruan > S1 Pendidikan Agama Islam
Depositing User: Jailani Jailani
Date Deposited: 15 Sep 2020 03:53
Last Modified: 15 Sep 2020 03:53
URI: https://repository.ar-raniry.ac.id/id/eprint/14028

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