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All Journal AT-TAFAHUM: Journal of Islamic Law
Amanina, Pairuz
State Islamic University of North Sumatra
Arts Humanities

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The Concept And Sanctions Of Qodzhaf In Hudud Criminal Law: Hadith Perspective Pasaribu, M. Amalan; Amanina, Pairuz
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i1.29110

Abstract

This study discusses the hadiths related to the crime of qadzaf (accusing adultery without valid evidence) from the perspective of Islamic criminal law. The background of this study is based on the importance of maintaining individual honor and the widespread phenomenon of accusations without evidence, especially in the digital era. The method used is a library research study with a normative approach, through analysis of authentic hadiths, verses of the Qur'an, and the opinions of scholars. The research stages include data collection, analysis of takhrij hadiths and fiqhul hadith, and drawing legal conclusions. The results show that qadzaf is a major sin and a hudud crime with the main sanction of 80 lashes and rejection of the perpetrator's testimony. In addition, there is a threat of punishment in the afterlife for perpetrators who do not repent. The discussion also emphasizes that in the modern context, accusations of adultery spread through social media can be subject to ta'zir sanctions at the discretion of the judge. Thus, Islamic law aims to maintain the honor of ḥifẓ al-'irdh, prevent slander, and create a just social order.
Co-Authors Pasaribu, M. Amalan