Record Details

HUKUMAN PEMBUNUHAN DALAM HUKUM PIDANA ISLAM DI ERA MODERN

At-Taqaddum

View Archive Info
 
 
Field Value
 
Title HUKUMAN PEMBUNUHAN DALAM HUKUM PIDANA ISLAM DI ERA MODERN
 
Creator Rokhmadi, Rokhmadi
 
Subject Islamic Criminal Law, murder, and equality law
 
Description Murder in the Islamic criminal law including jarimah qishas-diyat, namely jarimah punishable by qishas (punishment commensurate/proportional) or punishment diyat (fines/restitution), the specified limits his sentence, but is categorized as a right adami (human/individual), in which the victim or his family can forgive the perpetrators, so that the penalty (qishas-diyat) can remove altogether, because in qishas no entitlements for victims' families to act as "institutions forgiving", they can ask for their right to forgive or not forgive the criminal act. According to scholars' Salaf that the policy of punishment given is based on the viewpoint of the habit of Arab society that never applies to the Muslim community early, namely regarding who is authorized to determine the wisdom qishas or of diyat is heavily influenced by the practice habits of Arab society in the 7th century M, both about social status, as well as the local culture, the sunnah and the practice run early Muslims who provide input or benchmarks in detail the principles prinsp Islamic criminal law (jinayat), so that in determining the sentence still is discrimination, whether social status, gender and religion. Therefore, in the modern era according to scholars' khalaf that sentencing for murder should be equated between the murder of men with women, killing of Muslims by non-Muslims, the murder of a father with his son, should remain punishable qishas and diyat amount laki- men with diyat amount for women should be equal, so that the position of human beings are equal before the law (there is no discrimination; social status, gender and religion.
 
Publisher Quality Assurance Institute (LPM) State Islamic University Walisongo Semarang
 
Contributor —
 
Date 2017-01-05
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://journal.walisongo.ac.id/index.php/attaqaddum/article/view/1169
10.21580/at.v8i2.1169
 
Source At-Taqaddum; Volume 8, Nomor 2, November 2016; 150-179
2527-9726
1979-4703
 
Language eng
 
Relation https://journal.walisongo.ac.id/index.php/attaqaddum/article/view/1169/938
 
Rights Copyright (c) 2017 At-Taqaddum : Jurnal Peningkatan Mutu Keilmuan dan Kependidikan Islam