JURISTA : Jurnal Hukum dan Keadilan
Vol. 4 No. 1 (2020): JURISTA: Jurnal Hukum dan Keadilan

CRIMINAL DEFAMATION IN FIQH JINAYAH

Erha Saufan Hadana (Universitas Islam Negeri Ar-Raniry Banda Aceh)



Article Info

Publish Date
01 Jul 2020

Abstract

This paper specifically discusses the crime of defamation in the scope of fikih jinayah, this discussion was chosen because the act is considered an act that can damage a person's honour, so it needs to be criminalised in the context of fikih jinayah. This discussion is important to identify, map and develop the concept of thought in fikih jinayah regarding the criminal act of defamation. This study is based on literature data which is analysed descriptively. The results of the study show that defamation should be criminalised in jurisprudence, because it damages a person's honour, based on the obligation to protect honour (al-'irāḍ) which is included in the maqāṣid objectives of the sharī'ah and based on the interpretation of scholars regarding the expansion of the meaning of yarmūn in Surah an-Nūr verse 4.

Copyrights © 2020






Journal Info

Abbrev

jurista

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JURISTA: Jurnal Hukum dan Keadilan (JJHK), with ISSN No. 2579-8642 is a double-blind peer-reviewed journal that is published by the Centre for Adat and Legal Studies of Aceh Province (CeFALSAP), Indonesia. JJHK has the duty to publish original works of interest to the discipline of law in general, ...