Wither Qanun Jinayat? The legal and social developments of Islamic criminal law in Indonesia

Fuad, Zainul and Surya, Darma and Muhibbuthabry, Muhibbuthabry (2022) Wither Qanun Jinayat? The legal and social developments of Islamic criminal law in Indonesia. Cogent Social Sciences, 8 (1). pp. 1-17. ISSN 2331-1886

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Abstract

Internally from domestic organizations, and externally from foreign observers, Aceh’s Qanun Jinayat (Islamic Criminal Law) has been criticized for being unconstitutional, discriminatory, and anachronistic. However, an attempt to revoke the Qanun through judicial review by domestic civil society organizations at the Indonesian Supreme Court had failed. A socio-legal study, this paper examined the judicial review in detail, as well as the social and legal developments which occurred around the time of review. It was found that Islamic criminal law in Indonesia has only obtained a temporary triumph, and most probably would face many more trials in the rapidly changing regional, national, and global legal environment.

Jenis Item: Artikel
Uncontrolled Keywords: Legal pluralism; constitutional norm; legal choice; political deference; social accommodation
Subjects: 2X4 FIQH > 2X4.5 Hukum Pidana/Jinayat
2X4 FIQH > 2X4.6 Hukum Peradilan/qodo’
Divisions: Program Pasca Sarjana > Program Magister > Ekonomi Islam
Pengguna yang mendeposit: Mrs. Dra. Retno Sayekti, MLIS.
Date Deposited: 21 Apr 2022 12:37
Last Modified: 21 Apr 2022 12:41
URI: http://repository.uinsu.ac.id/id/eprint/14059

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