Rekonstruksi Fiqh Jinayah terhadap Perda Syariat Islam
Abstract: This paper poses a
question whether Syari’ah can be adopted as a regional/provincial law in
Indonesia or not? The question has many sides. First, the many provinces in
Indonesia have different religious and cultural setting, making them varied in
their reception not only to Syari’ah but also to Islam itself. Even the
province where Muslims are majority, Syari’ah is not always ready to apply.
Second, the formalization of Syari’ah has provoked an uneasy response from many
non-Muslims and also from many Muslims who are not happy with the formalization
of Syari’ah. Third, the provincial law has thus far been good in some
provinces, giving no chance for the Syari’ah law to interfere. It is these
problems that this paper is concerned with. Some aspects of the Syari’ah
criminal law that many have attempted to be formalized will be discussed here
such as the law of fornication, of drugs and beer, of prostitution, and of
religious transgression.
Keywords: Syari’ah criminal
law, provincial law, formalisation of
Syari’ah
Penulis: Sahid HM Sahid HM
Kode Jurnal: jpperadabanislamdd120100
