REAKTUALISASI TEORI HUKUMAN DALAM HUKUM PIDANA ISLAM

Siti Jahroh

Jurnal Hukum Islam
Vol 9 No 2 (2011)

In any study of the criminal law is considered the most important aspect is the study of punishment that will be imposed on offenders. Therefore, a proportionate and contextual understanding of the philosophy of punishment in the study of Islamic criminal law becomes very important to be discussed in depth. Here the location of significance of this paper, namely to re-understanding (renewal) of Islamic criminal law doctrine that while this is often 'marginalized' because it is inhuman, cruel and ruthless. Two important aspects in the theory of punishment (aspects of compensation/retribution and aspects of deterrence) to be the main focus in the discussion of this paper.