Open AccessTHE CRIMINALIZATION OF THE QUR'AN PERSPECTIVE AND IT’S CONTEXTUALIZATION IN INDONESIA
Author(s) -
Nawawi Marhaban
Publication year - 2021
Publication title -
jurnal at-tibyan: jurnal ilmu alqur`an dan tafsir/jurnal at-tibyan : jurnal ilmu alquran dan tafsir
Language(s) - English
Resource type - Journals
eISSN - 2579-5708
pISSN - 2442-594X
DOI - 10.32505/at-tibyan.v6i2.3418
Subject(s) - punishment (psychology) , criminalization , criminology , islam , context (archaeology) , criminal law , sharia , imprisonment , apostasy , law , immorality , psychology , sociology , political science , social psychology , morality , philosophy , theology , history , archaeology
The Qur'an as the main source of law in Islam rules various kinds of criminal offenses and their punishments called Jarīmah. This is relevant to the purpose of God's laws implemented for the benefit and happiness of human beings. This article aims to present the discourse of Islamic criminal law in the Indonesian context. By using library research and content analysis as the analytical knife, this study found that the punishment in terms of the existence of texts in the Qur’an and hadith consists of two kinds. First, the punishments directly mentioned in the text are ḥudūd, qiṣaṣ, diyāt and kafarāt. Second, the punishment uncovered by the text is the ta'zīr punishment. Furthermore, there are four kinds of relations in the punishment, namely; 1) principal punishment, 2) substitute punishment, 3) additional punishment, and 4) complementary punishment. In this study, there are also ten acts that are able to be criminalized with threats of ḥadd and qiṣaṣ punishment, namely zinā, qażf (accusing zinā without evidence), ḥirābah (robbery), sariqah (theft), syurb al-khamr (drinking wine), maisir (gambling), riddah (apostasy), murder, persecution, and al-bugyu (rebellion).