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All Journal HIKMATUNA: Journal for Integrative Islamic Studies Hikmatuna Edukasia Islamika: Jurnal Pendidikan Islam
Mhd Rasid Ritonga
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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The Death Penalty in Extraordinary Crimes: A Study on Killing Deception (Qatl al-Ghīlah) Gunaldi Ahmad; M. Atho Mudzhar; Maskur Rosyid; Mhd Rasid Ritonga
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.945

Abstract

This study aims to analyze the death penalty against qatl al-ghīlah and its relevance to positive law in Indonesia. Regardless of the debate, the death penalty in Islamic criminal law and positive Indonesian law still recognizes it as a punishment for murder. One of the four types of murder in Islamic criminal law is murder by deception (qatl al-ghīlah). It is similar to premeditated murder but differs in the method and process. This study used the qualitative method in the form of normative juridical research. This study found that, first, qatl al-ghīlah is a type of murder that does not open room for forgiveness, so qiṣāṣ is the only punishment. Second, qatl al-ghīlah differs from premeditated murder, so no specific rules govern it (rechtsvacuum). Third, this study encourages preserving the death penalty in extraordinary crime cases. The principle of justice is the primary basis for this conclusion. This study recommends incorporating elements of Islamic criminal law as one of the elements in national law.
The Death Penalty in Extraordinary Crimes: A Study on Killing Deception (Qatl al-Ghīlah) Gunaldi Ahmad; M. Atho Mudzhar; Maskur Rosyid; Mhd Rasid Ritonga
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.945

Abstract

This study aims to analyze the death penalty against qatl al-ghīlah and its relevance to positive law in Indonesia. Regardless of the debate, the death penalty in Islamic criminal law and positive Indonesian law still recognizes it as a punishment for murder. One of the four types of murder in Islamic criminal law is murder by deception (qatl al-ghīlah). It is similar to premeditated murder but differs in the method and process. This study used the qualitative method in the form of normative juridical research. This study found that, first, qatl al-ghīlah is a type of murder that does not open room for forgiveness, so qiṣāṣ is the only punishment. Second, qatl al-ghīlah differs from premeditated murder, so no specific rules govern it (rechtsvacuum). Third, this study encourages preserving the death penalty in extraordinary crime cases. The principle of justice is the primary basis for this conclusion. This study recommends incorporating elements of Islamic criminal law as one of the elements in national law.
Religious Moderation in the Land of Syari'a: Christian Women's Resistance in Acehnese Education Institutions Mustamar Iqbal Siregar; Bahtiar; Mhd Rasid Ritonga
Edukasia Islamika : Jurnal Pendidikan Islam Vol 8 No 1 (2023): Edukasia Islamika - Jurnal Pendidikan Islam
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jei.v8i1.366

Abstract

Aceh, as the region with the most absolute Muslim majority and the formal implementation of Islamic law in Indonesia, provides a unique context for studies on religious moderation. This study aims to explore the resistance strategies of Christian women in Aceh's educational institutions as  an alternative lens to understand the dynamics of religious moderation. Framing the discussion within James C. Scott’s theory of public and hidden transcripts and supported by functionalist perspectives, this research highlights the functional resistance of Christian women in asserting their religious identity and their right to religious education. Utilizing a qualitative method with data gathered through interviews, observations, and documentation in Langsa and Banda Aceh, this study finds two forms of resistance: hidden resistance manifested in the veiling practices during the Sharia enforcement period and public resistance through open identity assertion and demands for religious education rights. These findings demonstrate that women, as social agents, play a crucial role in advancing religious moderation. The study recommends that governmental bodies, particularly the Ministry of Religious Affairs, formally recognize and empower women as key actors in promoting religious moderation across Indonesia.
Co-Authors Bahtiar Gunaldi Ahmad M. Atho Mudzhar Mustamar Iqbal Siregar Rosyid, Maskur