Madania: Jurnal Kajian Keislaman
Vol 18, No 2 (2014): DECEMBER

REINTERPRETASI SANKSI PIDANA ISLAM (STUDI TERHADAP PEMIKIRAN PROF. KH. IBRAHIM HOSEN, LML)

Andiko, Toha (Unknown)



Article Info

Publish Date
13 Dec 2014

Abstract

Reinterpretation of Islamic Penal Punishment: A Study on Prof. K.H. Ibrahim Hosen, LML’s thought.Islamic penal punishment that is related to the qishas and hudûd is often considered as violating of human rightsand intimidation so that there are many rejections in its application. This is reinforced by the opinion of mostMoslem scholars who consider the implementation of Islamic penal provision through textual understanding asa symbol of the implementation of Islamic law as a whole. In this context, Ibrahim Hosen as the expert of Ushulal-Fiqh (Islamic Legal Theory) and comparative Islamic legal (Fiqh al-Muqâran) in Indonesia tried to neutralize therigid understanding by using the types of crime and the reinterpretation of punishment through understandingof the texts contextually by using ijtihad istislahi (independent reasoning of public interest) and refers to thepurpose of its application that prefers to the function of zawajir than the other. Therefore, it is expected that theIslamic penal law can be accepted theoretically and practically

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Journal Info

Abbrev

madania

Publisher

Subject

Religion Humanities Education Social Sciences

Description

Madania: Jurnal Kajian Keislaman is a peer-reviewed international journal focusing on Islamic studies. The journal provides a platform for disseminating the latest research and scholarly discussions on Islam and Muslim culture in a broad sense, encompassing theoretical and empirical investigations ...