Open AccessHukuman Mati: Dari Tradisi Arab Menuju Hukum Al-Qur’an
Author(s) -
Dede Rodin
Publication year - 2016
Publication title -
islamica : jurnal studi keislaman
Language(s) - English
Resource type - Journals
eISSN - 2356-2218
pISSN - 1978-3183
DOI - 10.15642/islamica.2015.10.1.169-197
Subject(s) - punishment (psychology) , law , resistance (ecology) , accountability , sociology , philosophy , political science , theology , psychology , social psychology , ecology , biology
The death penalty is the most Islamic law get resistance in its implementation. This resistance appears among others as a result of the symbolic understanding on the death penalty without understanding what and why this punishment stipulated in the Qur’an. Therefore, this article intends to answer the fundamental questions; how the concept of the death penalty in the Qur’an. This article resulted that the death penalty is one model of inculturation of the Qur’an to the existing tradition, with a change of paradigm regarding moral values and a more humane law, among others: (1) the principle of enforcement, from the original law “vengeance” (vendetta, lex talionis , tha’r ) to “reply in kind”; (2) The motive for murder, of which initially involves all kinds of murder -including war- be designed killing and hir ābah only; (3) The prosecution, of which the extended family into the nuclear family; (4) accountability, from the collective responsibility to individual responsibility.