HOMOSEKS DALAM PERSPEKTIF FIKIH JINAYAH (Analisa Terhadap Fatwa MUI Nomor 57 Tahun 2014)

Ahmad, Lutfi and Dr., Mudhofir Abdullah, S.Ag., M.Pd (2016) HOMOSEKS DALAM PERSPEKTIF FIKIH JINAYAH (Analisa Terhadap Fatwa MUI Nomor 57 Tahun 2014). skripsi thesis, IAIN Surakarta.

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Abstract

ABSTRACT AHMAD LUTFI, SRN: 12.21.2.1.003 “HOMOSEKS DALAM PERSPEKTIF FIKIH JINAYAH (Analisa Terhadap Fatwa MUI Nomor 57 Tahun 2014)”. The research is the study of library research. It is purposed to answer the question; how does the analysis of Fiqih Jinayah towards MUI instruction No. 57 year of 2014 about homosexual? The data were collected by using documentation technique from MUI (Indonesian Council of Religious Scholars) instruction no. 57 year of 2014, and used another research related to homosexual. After that, the data is analyzed by using descriptive qualitative method. Descriptive qualitative method is a method to describe, explain and paraphrase the data by using deductive mindset. To analyze the object of homosexual, the researcher uses the Fiqih Jinayah theory. Homosexual is a person, who is sexually attracted to people of their own sex, man and man (liwat ) or woman and woman (musahaqah). As explained in the Fiqih Jinayah, for those who did that, they will be punished by giving had (kinds of scourging) one hundreds times and being isolated for unmarried man (gairu muhsan). Then, for those who have got married (muhs an), they will get Rajam (throwing stones to death) punishment. The very hard punishment is death sentence. However, some of ulama (people who know well about Islamic and its rules) stated that rehabilitation is a light arrest. The findings of the study show there are two legal requirements as found in MUI instruction no. 57 year of 2014 about homosexual. First, had punishment as the same as zina (a sexual act outside of marriage) punishment. If that men or women are still single, they will be punished by getting scourging and being isolated. Then, the punishment for the people who have got married is Rajam punishment. The second is ta’zir (a fine in material or acts form) punishment. This punishment has educative and preventive effects, and what types of the punishment is determined by the person who has authority to decide it. Ta’zir punishment is categorized as light arrest, for example is rehabilitation. The very hard punishment is death sentence. Keywords: homosexual, fiqih jinayah, MUI instruction

Item Type: Thesis (skripsi)
Subjects: 2x Islam > 2x2 Hadist dan Ilmu Terkait
2x Islam > 2x4 Fikih
Divisions: Fakultas Syariah > Hukum Keluarga Ahwalus Syakhsiyyah
Depositing User: Maha siswa
Date Deposited: 08 May 2017 02:41
Last Modified: 08 May 2017 02:41
URI: http://eprints.iain-surakarta.ac.id/id/eprint/497

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