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All Journal AL-HUKAMA´ Al-Daulah : Jurnal Hukum dan Perundangan Islam Legal Protection for the Partnership Agreement Parties Al-Hukama: The Indonesian Journal of Islamic Family Law
Arif Jamaluddin Malik
UIN Sunan Ampel Surabaya
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Sejarah Sosial Hukuman Peminum Khamr Malik, Arif Jamaluddin
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 1 (2013): April 2013
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (631.474 KB) | DOI: 10.15642/ad.2013.3.1.42-56

Abstract

Penalty for a drinker can not be separated from the development and changes in society. As one of the many provisions of a criminal penalty, drinker should remain be punished. However, in practice, there are differences in accordance with the implementation of penalty for a drinker. It is about the amount and limit of the punishment given to a drinker. This is because al-Qur'an does not explicitely mention the legal sanctions for a drinker. In contrast to the punitive sanction for the variant of violations of a criminal penalty, such as fornication, adultery, and theft of the mentioned amount and limit of their sentence. The differences in the application of a criminal penalty for drinkers at the Prophet’s time time and after indicate that although the substantive criminal penalty should remain in force, but in the application might be heavier or at least equal as the former penalty. Those facts indicate that Islamic law is related to the changes and development of society. Thus, there is an interplay circumstance between Islamic law and the developments and changes in society, or in otherwise.
Co-Authors Elva Imeldatur Rohmah Rohmat Hidayatulloh Rohmat Hidayatulloh, Rohmat Soleh Kurniawan, Cecep