Fitri Amanda Hasibuan
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Diskursus Uqubat Cambuk dalam Qanun Jinayat Aceh: Antara Efektivitas Hukum dan Kritik HAM Internasional Fitra Ardiansyah; Muhammad Ramadhana; Hanif Rahman Adyaksa Tambunan; Fairuz Amanina; Fitri Amanda Hasibuan
JOURNAL SAINS STUDENT RESEARCH Vol. 3 No. 4 (2025): Jurnal Sains Student Research (JSSR) Agustus
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v3i4.5325

Abstract

This research critically examines the implementation of flogging punishment as regulated in Qanun Jinayat Aceh, particularly from the perspective of legal effectiveness and its challenges to international human rights principles. As the only region in Indonesia that formally implements Islamic criminal law, Aceh has become a focal point in both national and global legal discourse. Utilizing a normative qualitative approach and juridical-philosophical analysis of the qanun regulations, field practices, and criticisms from international institutions such as Komnas HAM and Human Rights Watch, the findings indicate that although uqubat flogging is considered effective in creating a deterrent effect and enjoys social legitimacy in parts of Acehnese society, its implementation remains highly controversial, particularly regarding respect for human dignity, fair trial mechanisms, and universal human rights protection standards. This study emphasizes the need for a more humanistic, contextual, and socially responsive approach without disregarding the basic principles of Islamic law, with the expectation that this discourse will enrich the treasury of Islamic legal thought and encourage the reformulation of sharia criminal law in line with substantive justice values.
Islamic Jurisprudence Studies on Homosexuality, Lesbianism, and Masturbation/Masturbation Fitri Amanda Hasibuan; Rayhan Riend Al Alfiq; Fitrah Ade Dikiansya
Jurnal Sahabat ISNU SU Vol. 2 No. 3 (2025): ISNU Sahabat Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i3.899

Abstract

This study discusses homosexual, lesbian and masturbation issues from the perspective of Islamic jurisprudence, which are contemporary sexual issues that often cause debate in modern society. This phenomenon not only touches moral and social aspects, but also requires a comprehensive and argumentative explanation of Islamic law. In this study, the author analyzes the views of ulama from four schools of thought (Hanafi, Maliki, Syafi'i, and Hanbali) regarding these practices, based on the arguments from the Koran, Hadith, as well as the rules of ushul fiqh and maqashid sharia. Homosexuality and lesbianism are generally considered forms of sexual deviation that are forbidden in Islam, with reference to the story of the Prophet Lut as the theological and jurisprudential basis. Meanwhile, the legal status of the practice of masturbation or masturbation is debated; Some scholars prohibit it absolutely, while others allow it in emergency situations or as an effort to prevent adultery. This study uses a qualitative-descriptive approach with library research to in-depth examine Islamic texts and interpretations by classical and contemporary scholars. This study is expected to provide a more balanced and objective understanding of the limits of Islamic law in maintaining the sexual morality of Muslim individuals and provide preventive solutions to sexual deviations in the modern era. The results show that Islam emphasizes the importance of maintaining fitrah (natural disposition) and personal purity as part of the objectives of law (maqasid sharia).