LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum
Vol 1, No 2 (2012)

Analisis Pemikiran Ibnu Hazm Tentang Kesaksian Wanita dalam Pidana Zina

Mukhsin Nyak Umar (Universitas Islam Negeri Ar-Raniry, Banda Aceh)



Article Info

Publish Date
25 Dec 2012

Abstract

Testimony is valid evidence to obtain legal certainty. Of proof in criminal adultery with a request for information made four male witnesses as represented in the texts of the Koran. Ibnu Hazm practice texts generality arba'ati syuhada include men and women and reject hadis munqathi' basis for justification of testimony limited to the male gender only. This argument is the basis for Ibn Hazm allowing women to testify in criminal adultery while guided by the principle of equality of men and women. In addition, Ibnu Hazm also rejected the psychological condition of women as a reason for refusing the testimony of women in certain fields. This condition can be anticipated by the number of witnesses more women than men because the Qur'an clearly define terms that are fair witness is owned by men and women

Copyrights © 2012






Journal Info

Abbrev

legitimasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Legitimasi Journal (the Journal of Criminal and Political Law) published biannually in January and July, is published by the Faculty Shariah and Law UIN Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law and Islamic law in general and to discuss discourses of the ...