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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Kafei Kjoor, Amir Muhammed
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Merebut Tafsiran Otoritatif Keagamaan; Perdebatan dan Kontroversi Prosesi Hukuman Ta’zir Cambuk di Lapas Aceh Yahya, Faisal; Mubarrak, Husni; Harjoni; Ridha, Muhammad; Kafei Kjoor, Amir Muhammed
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 1 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i1.8000

Abstract

This article discusses the debates and controversies surrounding the authoritative interpretation of Sharia law regarding the caning punishment process in correctional facilities (prisons) in Aceh, which was previously conducted in open fields. The debate emerged and took place across various media platforms, including social media, following the issuance of the Aceh Governor's Regulation in 2018 concerning the relocation of the punishment process. The discussion extended to deliberating the most legitimate interpretation regarding the necessity for the caning punishment to be witnessed by a group of believers; the selection of the location where the punishment is carried out; and the intent and purpose of the caning punishment itself to be witnessed by the public, as explicitly stated in Q.S. An-Nur: 2. Using literature study as the research method, this article concludes that there has been a shift in religious interpretation towards authoritarianism by considering and asserting certain interpretations as authoritative and "supposedly" in accordance with Sharia, as intended by the implementation of the caning punishment during the formalization of Sharia law in Aceh.
Co-Authors Faisal Yahya Harjoni Harjoni Husni Mubarrak Muhammad Ridha