AJIS : Academic Journal of Islamic Studies
Vol 6, No 1 (2021)

Interpretations of Verses about Islamic Criminal Law and its Polemics in Indonesia’s Positive Law

Hasep Saputra (Institut Agama Islam Negeri (IAIN) Curup)
Nurma Yunita (Institut Agama Islam Negeri (IAIN) Curup)
Ainal Mardhiaturrahman (Institut Agama Islam Negeri (IAIN) Curup)
Wina Purnamasari (Institut Agama Islam Negeri (IAIN) Curup)



Article Info

Publish Date
09 Jun 2021

Abstract

This study was conducted to find out the interpretations of Islamic criminal law verses and to see the polemics which occurred in the applications of Islamic criminal law in Indonesia alongside the harmonization of its applications in Indonesia. This study used a normative-descriptive approach in a way that explained in detail the laws and the verses’ interpretations as well as the polemics of Islamic criminal law in the Indonesia’s positive law. In the context of the development and application of national law in Indonesia, Islamic law is one of the sources adopted. Islamic law itself regulates the vertical relationship with Allah and the relationship with humans. These two relationships have a role in the formation of national law in Indonesia. In terms of applications, Islamic law can contribute to the development of positive law with the following three alternatives: 1) Islamic law which is a continuation of legal politics in the colonial period, either through transitional rules of the 1945 Constitution’s article 2 or by means of being stipulated in the further new legislation, 2) positive Islamic law which is sourced from Islamic values, and 3) the theory of legal leveling.  This theory is applied to make Islamic law a source of national law in the future.

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Journal Info

Abbrev

AJIS

Publisher

Subject

Religion Humanities Education Social Sciences

Description

AJIS : Academic Journal of Islamic Studies is to provide scientific article of islamic studies that developed in attendance through the article publications and research reports. AJIS welcome papers from academicians on theories, philosophy, conceptual paradigms, academic research, as well as ...