REINTERPRETASI SANKSI PIDANA ISLAM (STUDI TERHADAP PEMIKIRAN PROF. KH. IBRAHIM HOSEN, LML)

Abstract

Reinterpretation of Islamic Penal Punishment: A Study on Prof. K.H. Ibrahim Hosen, LML’s thought.
Islamic penal punishment that is related to the qishas and hudûd is often considered as violating of human rights
and intimidation so that there are many rejections in its application. This is reinforced by the opinion of most
Moslem scholars who consider the implementation of Islamic penal provision through textual understanding as
a symbol of the implementation of Islamic law as a whole. In this context, Ibrahim Hosen as the expert of Ushul
al-Fiqh (Islamic Legal Theory) and comparative Islamic legal (Fiqh al-Muqâran) in Indonesia tried to neutralize the
rigid understanding by using the types of crime and the reinterpretation of punishment through understanding
of the texts contextually by using ijtihad istislahi (independent reasoning of public interest) and refers to the
purpose of its application that prefers to the function of zawajir than the other. Therefore, it is expected that the
Islamic penal law can be accepted theoretically and practically