Alasan Pembuktian Tindak Pidana Perzinahan Dengan Saksi Berjumlah 4 Orang Laki-Laki Dalam Hukum Pidana Islam

The issue regarding the number of witnesses in criminal cases of adultery according to Islamic law is still a deep problem regarding why 4 men are required, so in this research the author will examine this in more depth. By using 3 problem formulations related to this research to find answers to the evidentiary reasons why the crime of adultery requires 4 male witnesses. This research is qualitative in nature with a normative juridical legal approach using two data sources, namely primary and secondary. The results of the research show that the concept of witnesses according to positive law only requires general criteria without distinction of gender, while the Islamic law of the majority of ulama requires witnesses to be male, with at least four people witnessing directly, and there is a difference of opinion with Ibn Hazm in interpreting), he stated that women's testimony can be accepted provided that women's testimony is considered half that of men's testimony

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Publication Details

Journal
JUSTICIA SAINS Jurnal Ilmu Hukum
Published
2024-11-30
DOI
https://doi.org/10.24967/jcs.v9i2.3611
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Alasan Pembuktian Tindak Pidana Perzinahan Dengan Saksi Berjumlah 4 Orang Laki-Laki Dalam Hukum Pidana Islam

Zaid Alfauza Marpaung, Muharman Lubis
JUSTICIA SAINS Jurnal Ilmu Hukum
Marriage and Family Dynamics
article

Alasan Pembuktian Tindak Pidana Perzinahan Dengan Saksi Berjumlah 4 Orang Laki-Laki Dalam Hukum Pidana Islam

Zaid Alfauza Marpaung, Muharman Lubis
article en

Abstract

The issue regarding the number of witnesses in criminal cases of adultery according to Islamic law is still a deep problem regarding why 4 men are required, so in this research the author will examine this in more depth. By using 3 problem formulations related to this research to find answers to the evidentiary reasons why the crime of adultery requires 4 male witnesses. This research is qualitative in nature with a normative juridical legal approach using two data sources, namely primary and secondary. The results of the research show that the concept of witnesses according to positive law only requires general criteria without distinction of gender, while the Islamic law of the majority of ulama requires witnesses to be male, with at least four people witnessing directly, and there is a difference of opinion with Ibn Hazm in interpreting), he stated that women's testimony can be accepted provided that women's testimony is considered half that of men's testimony

JUSTICIA SAINS Jurnal Ilmu HukumVol. 9(2)
Universitas Islam Negeri Sumatera Utara (ID)
Openalex Percentile: Top 58%
Marriage and Family Dynamics
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