Tasyri'
Vol. 3 No. 2 (2024): Tasyri'

Penjatuhan Hukuman bagi Pelaku Liwath dalam Putusan Hakim Mahkamah Syar`Iyah

Raumizah, Raumizah (Unknown)
Zubaidi , Zaiyad (Unknown)
Umur, Azmil (Unknown)



Article Info

Publish Date
20 Jul 2024

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.

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Journal Info

Abbrev

tsyr

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Tasyri’ welcomes high-quality manuscripts resulted from a research project in the scope of Islamic Family Law, Islamic economic law, Islamic criminal law, Islamic constitutional law, Zakat and waqf law, Contemporary Islamic legal thought and various scientific studies in the field of law and other ...