Article Per Year (5 Year)
p-Index From 2019 - 2024
0.23
P-Index
This Author published in this journals
All Journal Al-Manahij : Jurnal Kajian Hukum Islam
Makhrus Munajat
Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Transformasi Hukum Pidana Islam dalam Tata Hukum Indonesia Makhrus Munajat
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (671.502 KB) | DOI: 10.24090/mnh.v0i1.2124

Abstract

The formalization of Islamic criminal law in Indonesia is still and always debated in terms of its legal rules or the establishment of Islamic values, meaning that the substance is more important than the formal rules. Transformation of Islamic criminal law is a change that occurs in the determination of law, both concerning the type of crime (jarīmah) or its sanctions due to time and social dynamics. The criminal act (jarīmah) and its sanctions are interconnection between the principal law (al-aḥkām al-aṣliyyah) which contains the prohibition and supporting law (al-aḥkām al-muayyidah) which contains sanctions. The model of the transformation of Islamic criminal law in Indonesia is to make Islamic criminal law a law that can be accepted by Indonesian people, by not distinguishing ethnicity, adat (tradition), culture and religion. The objectivity of Islamic criminal law in Indonesia is used as the basis for the formation of national laws whose pluralistic communities are offered universal values so that they can be accepted by all citizens without questioning the origin of the values.
Co-Authors