Thoha, Rosyid Azmi (2025) Analysis Of Zina Law Provisions in Providing A Deterrent Effect: A Perspective of The Criminal Code And Fiqh Jinayah. S1 Undergraduate thesis, Universitas Darussalam Gontor.

	FILE TEXT (COVER) Cover + Lembar Pernyataan + Ucapan.pdf - Submitted Version License Creative Commons Attribution Non-commercial No Derivatives. Download (774kB)
	FILE TEXT (ABSTRAK) Abstrak.pdf - Submitted Version License Creative Commons Attribution Non-commercial No Derivatives. Download (422kB)
	FILE TEXT (DAFTAR ISI) Daftar Isi.pdf - Submitted Version License Creative Commons Attribution Non-commercial No Derivatives. Download (445kB)
	FILE TEXT (BAB I) Bab 1.pdf - Submitted Version License Creative Commons Attribution Non-commercial No Derivatives. Download (490kB)
	FILE TEXT (BAB II) Bab 2.pdf - Submitted Version Exclusive to Registered users only License Creative Commons Attribution Non-commercial No Derivatives. Download (711kB)
	FILE TEXT (BAB III) Bab 3.pdf - Submitted Version Exclusive to Registered users only License Creative Commons Attribution Non-commercial No Derivatives. Download (724kB)
	FILE TEXT (BAB IV) Bab 4.pdf - Submitted Version Exclusive to Registered users only License Creative Commons Attribution Non-commercial No Derivatives. Download (357kB)
	FILE TEXT (DAFTAR PUSTAKA) Daftar Pustaka.pdf - Submitted Version Exclusive to Registered users only License Creative Commons Attribution Non-commercial No Derivatives. Download (435kB)

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.

Loading...

View more statistics

View Item