Thesis Published

Analysis Of Zina Law Provisions in Providing A Deterrent Effect: A Perspective of The Criminal Code And Fiqh Jinayah

Thoha, Rosyid Azmi
Abstract
Adultery is a highly despicable act that contradict the values upheld by Indonesian society. However, the regulation of adultery in The Criminal Code remains a subject of controversy, particulary when juxtaposed with the principles of Fiqh Jinayah. In contrast, under The Criminal Code, adultery is treated as a complaint based offence woth realitively lenient sanction, raising concerns about its effectiveness in serving as a deterrent. Fiqh Jinayah prescribes more severe punishment, such as stoning and whipping, grounded in sharia principles. These measures aim to uphold morality and deliver a more substantial deterrent effect. This study aims to identify the differences in the elements and provisions for governing sanctions for adultery as outlined in The Criminal Code and Fiqh Jinayah and analyze their effectiveness in deterring individuals form committing adultery. The research employs a library-based approach using a normative juridical comparative method. Data were collected through literature studies and analyzed qualitatively. The results of the study show that sanctions in Fiqh Jinayah are more effective in providing a deterrent effect than those in The Criminal Code, however their implementation requires high degree of procedural justice. In addition, Criminal Code stipulates a maximum prison sentence of nine months, whereas Fiqh Jinayah imposes harsher punishment, including lashing and stoning. The study also highlights The Criminal Code’s and Fiqh Jinayah comparative effectiveness in deterring adulterers, concluding that Fiqh Jinayah proves significantly more effective compare to The Criminal Code. Based on these findings, the study recommends adjustment to Indonesia’s legal framework to incorporate stronger preventive measures aimed at minimizing adultery-related crimes. Keywords: Adultery, Criminal Code, Fiqh Jinayah.
Publication Details
InstitutionUniversitas Darussalam Gontor
DepartmentPerbandingan Madzhab
KeywordsAdultery, Criminal Code, Fiqh Jinayah.
Item ID5634
Deposited24 Feb 2025 03:53
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