Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Vol 1 No 1 (2016): Volume I No. 01 Tahun 2016

DILEMATIKA TUMPANG TINDIH DEFINISI DALAM QANUN NO. 6 TAHUN 2014 TENTANG QANUN JINAYAT

Dahlan, Teuku (Unknown)



Article Info

Publish Date
13 Nov 2017

Abstract

The Aceh government has conducted contemporary ijtihad in defining khalwat and ikhtilath. There is a khalwat and ikhtilath in the hadith of the Prophet, but the meaning of both is limited to two acts that should be shunned and avoided. Ijtihad conducted by the Aceh government seems to want to realize the meaning of khalwat and ikhtilath that can prevent the people of Aceh to commit adultery. Because khalwat and ikhtilath both are ta'zir, both prazine actions that allow for adultery, Both done by two people of different sexes. Both done by two people who do not have mahram bonds, both can occur in open, closed and hidden places. (But khalwat in open places can not be punished). Then the researchers unite the mention of the finger into the experiment of intercourse and redefined as "The act of being in the open or closed between two or more people of different sex not mahram and without marital bond that leads to Adultery without coercion from another party.

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Journal Info

Abbrev

legalite

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and ...