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All Journal DIKTUM: JURNAL SYARIAH DAN HUKUM
Fatmawati Fatmawati
STAIN PAREPARE
Humanities Law, Crime, Criminology & Criminal Justice

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ANALISA RELASIONAL SYARI’AH DAN NEGARA Fatmawati Fatmawati
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 1 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.647 KB) | DOI: 10.35905/diktum.v8i1.295

Abstract

Shariah in the country and there is a very close relationship and can not be separated in the framework of the implementation and enforcement of Islamic law for the benefit of mankind in this atmosphere of state and nation. It will also mean that the goal of reduction in the Islamic Shariah is not solely for the implementation of the rituals of worship per se, but more than that is a legal instrument which should be obeyed in the life of the country to regulate the system of government. Shariah as the legal system, has set the basics, norms, ethics, values. And for its development based on dynamic and development of the human life handed over to the Muslims to manage and develop without abandoning the spirit of the shari'ah.
HOMOSEKS DAN LESBIAN PERSPEKTIF HUKUM ISLAM Fatmawati Fatmawati
DIKTUM: Jurnal Syariah dan Hukum Vol 13 No 2 (2015): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (877.463 KB) | DOI: 10.35905/diktum.v13i2.367

Abstract

Gay and lesbian issued in this paper analyzed from two perspectives, namely the views of Islamic law against sexual perversion in the form of gay and lesbian, and the sanctions given for gay and lesbian. By using a normative approach, it was concluded that the scholars agreed that homosexual and lesbian acts are haram/ prohibited. However, scholars are still different opinions in determining punishment for the perpetrators. Some scholars argue that the perpetrators should be killed or stoned both muhsan and ghairu muhsan. Some scholars assign ta’zir penalty on the grounds that this action is only one form of immorality. That is not specified shape and just love on the penalty spot unwanted by normal instincts. Because of that, perpetrators don’t not gain had punishment.
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