Rapung Rapung
Universitas Muhammadiyah (Unismuh) Makassar, Indonesia

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Penerapan Mumāṡalah dalam Hukuman Kisas (Studi Komparasi Mazhab Syafii dan Hambali) Muh Syahrul; Rapung Rapung; Irsyad Rafi
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 3 (2023): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v2i3.989

Abstract

This study aims to find out how the concept of mumasalah in Islamic jurisprudence, as well as to find out more about the differences in opinions of the Shafii and Hambali schools regarding mumasalah in the punishment of kisas. The type of research used is qualitative descriptive research using library research methods and supported by comparative approach methods. From the results of this research, it was found that mumasalah in Islamic jurisprudence is a matter recognized by the Shari'a, it can even be said to be the original law of practical Islamic laws, especially the laws required of equality. The Shafii School prefers to apply mumasalah in the punishment of kisas, because they see it as more about justice for the victim's guardian, and more to ease their anger over the treatment or way the perpetrator killed the victim. The Hambali school is more inclined to apply kisas using swords
Tinjauan Fikih Jinayah Terhadap Konsekuensi Zina dalam KUHP Tahun 1946 dan No. 01 Tahun 2023 Aditya Renaldi Yasdin; Rapung Rapung; Irsyad Rafi
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v3i4.1655

Abstract

This research aims to understand the Islamic perspective and the laws related to the definition of adultery, as well as a review of jinayah jurisprudence on the consequences of adultery in the Criminal Code of 1946 and No. 01 of 2023. This research is qualitative with a normative juridical approach, using library research methods by collecting books or references related to the research. The results show that, first, adultery in the perspective of jinayah jurisprudence has a different definition from Article 284 of the 1946 Criminal Code, which considers adultery as intercourse committed only by those who are married. Meanwhile, adultery according to Article 411 of the 2023 Criminal Code has the same meaning as the perspective of jinayah jurisprudence, which is intercourse committed by those who are either married or unmarried. Second, the review of jinayah jurisprudence on the consequences of adultery in the 1946 Criminal Code and No. 01 of 2023 is not accepted, because the imposition of sanctions for the crime of adultery must consider stronger evidence. Jinayah jurisprudence differentiates the consequences of adultery into two: stoning for those who are married, and one hundred lashes and one year of exile for those who are not married. The 1946 Criminal Code punishes perpetrators of adultery with a maximum prison sentence of 9 months for those who are married. Meanwhile, Article 411 does not differentiate the marital status of the perpetrator and punishes with a maximum prison sentence of 1 year or a fine of up to 10 million rupiahs. In the case of cohabitation, the penalty is a maximum of 6 months in prison or a fine of up to 10 million rupiahs. If adultery is committed with a family member, the prison sentence can reach 10 years. This research provides insights for students and the public about the limits and legal consequences of adultery from the perspective of jinayah jurisprudence and the Criminal Code.