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Raumizah, Raumizah
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Religion Law, Crime, Criminology & Criminal Justice

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Penjatuhan Hukuman bagi Pelaku Liwath dalam Putusan Hakim Mahkamah Syar`Iyah Raumizah, Raumizah; Zubaidi , Zaiyad; Umur, Azmil
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.114

Abstract

Liwath (homosexuality) is an act associated with the Prophet Luth, in which a person has an emotional, romantic, sexual, or same-sex affection. In Aceh Province, this practice is regulated by Qanun Aceh Number 6 of 2014 concerning Qanun Jinayat, which stipulates a penalty of 100 lashes for liwath offenders. However, in the decision of the Banda Aceh City Syar'iyah Court regarding the liwath case No. 4/JN/2021/MS. Bna, the punishment imposed was only 80 luggings, in contrast to what is stated in the qanun. This study discusses three main issues: the occurrence of the liwath case in the decision, the judge's consideration in imposing the verdict, and the review of Islamic criminal law on this case. The research uses a normative juridical approach and found that the judge commuted the defendant's sentence because the defendant was polite, had never been convicted before, and promised not to repeat his actions.
Co-Authors Azmil Umur, Azmil Zubaidi , Zaiyad