Journal Article
Published
ASPEK KEMANUSIAAN DALAM HUKUMAN QIS{ĀS
Abstract
Aspect of Humanity in Qis}a>s} punishment. This
paper aims to analyze and describe the human aspects
involved in qisas punishment. This literature study uses a
qualitative approach by exploring the scientific treasures
that are in the turots books related to qisas law. The results
of this study indicate that qisas punishment, which is often
assumed to be cruel punishment, actually has a significant
deterrent effect on the perpetrators of murder (al-qatlu bil
qatli). The qisash punishment basically prioritizes the values
and aspects of humanity, because this law is based on the
text of the al-quran, which is different from human rights
(HAM) which prioritizes rationality rather than laws which
are especially sourced from the al-Qur’an. Several things
that prove the human aspect in qisash punishment include;
the death penalty is part of qis}a>s}, but not all qis}a>s} penalties
end in the death penalty. This can be seen in the human
dimension in qishash; Life assurance, forgiveness of the
victim’s family, and achieving justice in it. Therefore, Islamic
law researchers should develop their research through
various perspectives, including from the point of view of
the main sources of Islamic law, namely al-Qur’an and
al-Hadith and related to contemporary problems without
contradicting the 2 sources of Islamic law.
Keywords: Humainty, HAM, Qishash, al-qatlu bi al-qathli.
Publication Details
JournalIjtihad
Volume15 (1)
Pagespp. 91-113
ISSN1907-4514
SubjectsK Law > K Law (General)
KeywordsHumainty, HAM, Qishash, al-qatlu bi al-qathli.
Item ID1376
Deposited10 Mar 2022 02:53