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The Other Side of the History of the Formulation of Aceh Jinayat Qanun Salma Salma; Almuh Fajri; Taufik Hidayat; Edi Safri
AHKAM : Jurnal Ilmu Syariah Vol 22, No 1 (2022)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v22i1.21000

In the context of fiqh, the provisions of ḥudūd have been agreeable in terms of the actions and punishments. However, some of them are not mentioned in Aceh Qanun No. 6/2014 on Jinayat (Criminal) Law, such as stoning, death sentence, and hand amputation. These three types of punishment were harshly debated during the formulation of the qanun and subsequently abolished. Using the historical legal approach, this study finds out there were some issues that came up during the formulation process. First, the assessment of the local government and people’s readiness to implement those punishments has not been sufficient. Second, stoning, the death penalty, and hand cutting are not in accordance with the Indonesian procedural law. Third, the qanun formulation was affected by the disparity of Islamic legal scholars’ opinions regarding the mentioned penalties. Forth, the discussants in the forum believed that the implementation of Islamic criminal law needs phasing (tadarruj). AbstrakDalam konteks fikih, ketentuan hudud telah disepakati baik jenis perbuatannya maupun sanksi-sanksinya. Akan tetapi, tidak semuanya tercantum sebagai materi hudud dalam Qanun Aceh No. 6/2014 tentang Hukum Jinayat, seperti hukuman rajam, hukuman mati dan hukuman potong tangan. Ketiga jenis hukuman ini diperdebatkan dengan sengit selama pembahasan Qanun dan akhirnya ditiadakan. Melalui pendekatan sejarah hukum, diketahui setidaknya ada beberapa faktor problematik yang mewarnai perumusan Qanun Aceh No. 6/2014 tentang Hukum Jinayat. Pertama, adanya penilaian internal tentang kesiapan pemerintah dan masyarakat yang belum maksimal untuk melaksanakan hukuman-hukuman itu. Kedua, materi rajam, hukuman mati bagi pelaku riddah dan potong tangan yang tidak sejalan dengan hukum acara yang telah ada sebelumnya. Ketiga, adanya pengaruh perbedaan pendapat ulama (disparitas) dalam konteks fikih tentang hukuman-hukuman itu dalam proses perumusan qanun. Keempat, adanya keyakinan para pembahas bahwa penegakan hukum pidana Islam dalam Qanun Aceh memerlukan pentahapan (tadarruj).

TRADISI JUAL BELI ANAK DI KABUPATEN PADANG PARIAMAN PERSPEKTIF AL-‘URF DAN HUKUM PIDANA Taufik Hidayat; Yusri Amir; Yovidal Yazid; Arif Fansuri
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 2 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

The tradition of “buying and selling” children in the community of Padang Pariaman Regency is a habit that has been passed down for generations. Though Islamic law and Indonesian criminal law forbid “buying and selling” children. This research is an empirical legal research by looking at the phenomenon of the tradition of “buying and selling” children in Padang Pariaman Regency. Then, it was analyzed with al-'urf in Islamic law and elements of criminal acts in Indonesian criminal law. Based on the results of research that the purpose of the tradition of “buying and selling” children in Padang Pariaman Regency is to eliminate the bad luck of a child by his biological parents. This in Islamic law belongs to al-furf al-fasid. So that despite the sale and purchase of children in Padang Pariaman Regency, this tradition is not included in the crime of trafficking of children, because it does not fulfill the elements of the crime of child trafficking.

PANDANGAN HUKUM PIDANA ISLAM MENGENAI KEKERASAN FISIK TERHADAP ANAK Taufik Hidayat
JURIS (Jurnal Ilmiah Syariah) Vol 15, No 2 (2016)
Publisher : Institut Agama Islam Negeri Batusangkar

In order to provide solutions concerning with physical abuses toward children, Indonesia has issued special regulation, namely UU No. 35 tahun 2014 about Perubahan (amendment) UU No. 23 Tahun 2002 about Child Protection. In line with this regulation, a study was carried out to figure out perspectives of Islamic civil law toward children’s physical abuses. This study belonged to normative yuridis through library study and employing yuridis normative analysis technique. The study showed that prohibitions against children’s physical abuses were supported by the second Islamic civil law, namely hifzhan-nafs. However, using physical punishments are tolerated for reasons which have pointed out by the law. In addition, death penalty, imprison, and fine payment are similar to Islamic civil law with minor differences in implementation.

KEUNIKAN TRADISI PERTUNANGAN MASYARAKAT PADANG PARIAMAN Taufik Hidayat; Yusri Amir
Turast: Jurnal Penelitian dan Pengabdian Vol 10, No 1 (2022)
Publisher : Universitas Islam Negeri Imam Bonjol Padang

One of the unique traditions in the casting process in the Padang Pariaman community is "Mamak to Mamak marriage". This tradition has been passed down from generation to generation and is an obligation at the traditional engagement ceremony. If this tradition is not carried out, it will affect the continuation of the engagement process and even affect the marriage process. This research is empirical research by looking at the tradition of "Mamak and Mamak Marriage" in the Padang Pariaman community. The meaning of the tradition "Marriage between mamak and mamak" is "The bond between two tribal mamak in zahir and the engagement between their nephews is essentially a marriage requirement for the legitimacy of the relationship between two families, tribes and villages. The marriage procession between mamak and mamak begins with a marriage sermon, the marriage contract and ends with the exchange of "tando" engagement as a form of traditional engagement. As a result of the law, customary family relations are established and receive customary sanctions in the event of termination of the engagement.

PRISON ESCAPE VIEWED FROM ISLAMIC LAW PERSPECTIVES (A Case Study at Muara Labuh Prison) Salma Salma; Riki Hamdi; Taufik Hidayat
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2023.01601.1

In Indonesia, there have been numerous cases of people escaping from prison including the Muara Labuh Prison. This research analyze the prison conditions, the cases that occurred there, the motives behind the escape, the responsibility of the warden, and how Islamic law views escape. Data were collected through observation of prison conditions and interviews. Data analysis was performed in several stages, including data reduction, display, and verification techniques, then, narrated using a qualitative approach and Islamic law. The results revealed three cases of inmates escaping from this prison. They have a variety of reasons for this, including an inability to restrain sexual desires, being unable to serve very long sentences, depression, and poor prison security, which is the warden's responsibility. Prison escape is not justified in Islamic law due to the necessity to obey state rules that are not specifically regulated in the Qur'an and Sunnah.

Perspektif Hukum Islam (Hadd Al-Syurb) tentang Aia Niro dan Tuak (Khamr) di Nagari Batu Payuang Halaban: The Perspectives of Islamic Law (Hadd Al-Syurb) on Aia Niro and Tuak (Khamr) Activities in Nagari Batu Payuang Halaban Salma Salma; Robi Revianda; Taufik Hidayat
Society Vol 8 No 1 (2020): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v8i1.168

In Islamic law, khamr is a common type of alcoholic beverage that is forbidden for consumption due to its elements that can intoxicate and lead to loss of self-control. The government of Indonesia also forbids people from consuming the intoxicating beverage in certain levels. Nevertheless, a community group in Batu Payuang Halaban, Lima Puluh Kota Regency, West Sumatra Province, Indonesia, wherein their daily lives can be found a type of traditional beverage as same as khamr that is a fermented juice of sugar palm bunches. The people call it “tuak”. This research aims to investigate how the people of Nagari Batu Payuang produce aia niro and tuak, their motives for buying, selling, and consuming the drink, and judging it from the perspective of Islamic law (hadd al-syurb). This type of research is field research with a qualitative approach. Data sources consisted of primary and secondary. The data collection was conducted by observing the process of producing aia niro, tuak, and the transaction, and in-depth interviews with owners of sugar palm plantation, tuak producers, buyers, sellers, consumers, and local ulama (Islamic scholars). The data were analyzed in descriptive by reduction, display, and verification. To examine this research, the theory used was the concept of hadd al-syurb in Islamic law and the regulation on alcoholic beverages in Indonesia. The results show that aia niro is produced by extracting the bunches of male sugar palm and it is the raw material to produce tuak by leaving the aia niro in jerry cans and adding agarwood bark for 3 days. The sellers have various reasons to sell tuak and its raw materials. Besides the price is higher than brown sugar, it is also motivated by personal and other economic reasons as well as easier processing. People who drink tuak realize that it is intoxicating in a certain amount but they drink it to warm their bodies and relieve their fatigues. In the concept of hadd al-syurb, consuming tuak as an intoxicating substance is haram (forbidden) and is condemned to those who drink it. However, they who trade it are not punished by hudud since the Sunna proposition only refers to the transaction as an act of curse.

Perspektif Hukum Islam (Hadd Al-Syurb) tentang Aia Niro dan Tuak (Khamr) di Nagari Batu Payuang Halaban: The Perspectives of Islamic Law (Hadd Al-Syurb) on Aia Niro and Tuak (Khamr) Activities in Nagari Batu Payuang Halaban Salma Salma; Robi Revianda; Taufik Hidayat
Society Vol 8 No 1 (2020): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v8i1.168

In Islamic law, khamr is a common type of alcoholic beverage that is forbidden for consumption due to its elements that can intoxicate and lead to loss of self-control. The government of Indonesia also forbids people from consuming the intoxicating beverage in certain levels. Nevertheless, a community group in Batu Payuang Halaban, Lima Puluh Kota Regency, West Sumatra Province, Indonesia, wherein their daily lives can be found a type of traditional beverage as same as khamr that is a fermented juice of sugar palm bunches. The people call it “tuak”. This research aims to investigate how the people of Nagari Batu Payuang produce aia niro and tuak, their motives for buying, selling, and consuming the drink, and judging it from the perspective of Islamic law (hadd al-syurb). This type of research is field research with a qualitative approach. Data sources consisted of primary and secondary. The data collection was conducted by observing the process of producing aia niro, tuak, and the transaction, and in-depth interviews with owners of sugar palm plantation, tuak producers, buyers, sellers, consumers, and local ulama (Islamic scholars). The data were analyzed in descriptive by reduction, display, and verification. To examine this research, the theory used was the concept of hadd al-syurb in Islamic law and the regulation on alcoholic beverages in Indonesia. The results show that aia niro is produced by extracting the bunches of male sugar palm and it is the raw material to produce tuak by leaving the aia niro in jerry cans and adding agarwood bark for 3 days. The sellers have various reasons to sell tuak and its raw materials. Besides the price is higher than brown sugar, it is also motivated by personal and other economic reasons as well as easier processing. People who drink tuak realize that it is intoxicating in a certain amount but they drink it to warm their bodies and relieve their fatigues. In the concept of hadd al-syurb, consuming tuak as an intoxicating substance is haram (forbidden) and is condemned to those who drink it. However, they who trade it are not punished by hudud since the Sunna proposition only refers to the transaction as an act of curse.

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