Penal Code Enforcement Against Polyandrous Spouse Among Muslims

Maswandi, Maswandi and Asmuni, Asmuni and Hasibuan, Pagar (2020) Penal Code Enforcement Against Polyandrous Spouse Among Muslims. European Science Review (11-12). ISSN 2310-5577

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Abstract

This paper deals with positive criminal law enforcement that can be implemented when an act can harm another person; therefore, the nature of positive criminal penalties is repressive (retaliatory), so the punishment enforced with various threats (low or high punishment) is in accordance with the losses suffered. Conversely, Islamic law is both repressive (retaliatory) and preventive (prevention) that criminal acts do not occur so that the punishment enforced is of course relatively high. Muslim polyandry actors can be punished with the death penalty, beatings a hundred times or imprisonment for a year as stipulated in the Qur’an and Hadith, whereas in positive criminal law polyandry acts are considered adultery which is punishable only by nine months in prison. Thus, they have never been tried criminally, even though they can actually be threatened with a sentence of 7 years in prison as stipulated in Article 279 paragraph 2 of the Criminal Code

Jenis Item:	Artikel
Uncontrolled Keywords:	Criminal Law Enforcement, Muslim Poliandry Perpetrators
Subjects:	300 Social sciences > 340 Law > 345 Criminal law
Divisions:	Artikel (Jurnal, Koran, Majalah)
Pengguna yang mendeposit:	Ms Novita Sari
Date Deposited:	22 Sep 2022 06:16
Last Modified:	22 Sep 2022 06:16
URI:	http://repository.uinsu.ac.id/id/eprint/15946

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