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Eni Silviyani
Universitas Al-Khairiyah

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Dekonstruksi Konsep Rajam dalam Hukum Pidana Islam Kontemporer Eni Silviyani
Justicia Religia Vol 3 No 1 (2025): Justicia Religia : Jurnal Hukum Islam
Publisher : LPPM Universitas Al-Khairiyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.3898/jure.v3i1.491

Abstract

This study aims to examine and deconstruct the concept of stoning punishment (rajm) in contemporary Islamic criminal law through a normative legal research approach. The analysis focuses on the normative foundations, fiqh legitimacy, and the relevance of stoning punishment within modern societies that uphold principles of justice and human rights. This research employs conceptual, historical, and philosophical approaches by examining primary Islamic legal sources, including the Qur’an, hadith, classical fiqh jinayah doctrines, and contemporary Islamic legal thought. The findings indicate that stoning punishment does not have an explicit normative basis in the Qur’an but is rather a product of juristic interpretation derived from hadith and early Islamic legal practices. The extremely strict evidentiary standards in classical fiqh suggest that stoning functioned more as a preventive symbol than as a repressive penal sanction. In the contemporary context, the implementation of stoning faces significant challenges due to the development of human rights norms and modern legal systems. Therefore, reinterpretation and deconstruction of the concept of stoning through the Maqaṣid al-Shari‘ah approach are necessary to ensure that Islamic criminal law remains aligned with substantive justice, human dignity, and public welfare.
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