Transformation and Reformation of Islamic Criminal Lawa: the study on Aceh Qanun Jinayat and its impact to Woman and non-Muslim

Syarif, Nurrohman (2019) Transformation and Reformation of Islamic Criminal Lawa: the study on Aceh Qanun Jinayat and its impact to Woman and non-Muslim. Jurnal Dinamika Hukum, 19 (2). pp. 407-428. ISSN 1410-0797

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Abstract

This study aims to identify 1) the background and objectives of the implementation of the Qanun Jinayat in Aceh. 2) types of jarimah (criminal acts) and punishment which are transformed into Qanun Jinayat 3) forms of transformation and reforms that have been carried out, and 4) it’s the impact to women and non-Muslims. This research is a kind of non-doctrinal normative qualitative research. This study concludes that the background of Aceh Qanun Jinayat cannot be separated from Aceh political conflict in the past and the emergence of Islamism. The purpose of implementing the Qanun Jinayat in Aceh is to bring benefit and realize Islam which is Rahmatan lil alamin. The types of criminal acts that are transformed into qanun are ten. This study found that the transformation carried out was normative while the reforms carried out were adaptive, not progressive, as a result, women, and non-Muslims were still vulnerable to criminalization

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