{"title":"潘雅本甘对通奸犯穆赫尚的驱逐:伊斯兰法的视角","authors":"Arbanur Rasyid","doi":"10.14421/ajish.v56i2.1157","DOIUrl":null,"url":null,"abstract":": This article examines the practice of expelling perpetrators muhshan in the Panyabungan society, which normatively (Islamic law) should be punished by stoning. This phenomenon is fascinating to study because the Panyabungan people are Islamic followers who are very fanatical and have a strong religion. This article is based on field data supplemented by library data. Three fundamental issues are examined in this article, namely the process of enforcing customary law for adulterers muhshan in Panyabungan society, the argument for the application of expulsion punishment to adulterers' muhshan , and how Islamic law views the practice of expulsion in the case of adultery. Uses a normative and sociological approach this article finds the fact that the practice of expulsion of adulterers muhshan in Panyabungan is enforced if the perpetrator has been proven to have committed adultery. The practice of expelling the perpetrators of muhshan adultery is carried out for two reasons: following the traditions or customs that have been in effect and the impossibility of applying the stoning law in Indonesia. This article also finds evidence that the purpose of imposing the penalty of expulsion for adulterers muhshan in Panyabungan is to give a deterrent effect to the perpetrators of adultery and, at the same time as a preventive measure for people not to commit adultery. In addition, the punishment is also intended to maintain the excellent name and cleanliness of the village from disobedience acts.","PeriodicalId":138405,"journal":{"name":"Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Expulsion for Adultery Perpetrators Muhshan at Panyabungan: An Islamic Law Perspective\",\"authors\":\"Arbanur Rasyid\",\"doi\":\"10.14421/ajish.v56i2.1157\",\"DOIUrl\":null,\"url\":null,\"abstract\":\": This article examines the practice of expelling perpetrators muhshan in the Panyabungan society, which normatively (Islamic law) should be punished by stoning. This phenomenon is fascinating to study because the Panyabungan people are Islamic followers who are very fanatical and have a strong religion. This article is based on field data supplemented by library data. Three fundamental issues are examined in this article, namely the process of enforcing customary law for adulterers muhshan in Panyabungan society, the argument for the application of expulsion punishment to adulterers' muhshan , and how Islamic law views the practice of expulsion in the case of adultery. Uses a normative and sociological approach this article finds the fact that the practice of expulsion of adulterers muhshan in Panyabungan is enforced if the perpetrator has been proven to have committed adultery. The practice of expelling the perpetrators of muhshan adultery is carried out for two reasons: following the traditions or customs that have been in effect and the impossibility of applying the stoning law in Indonesia. This article also finds evidence that the purpose of imposing the penalty of expulsion for adulterers muhshan in Panyabungan is to give a deterrent effect to the perpetrators of adultery and, at the same time as a preventive measure for people not to commit adultery. In addition, the punishment is also intended to maintain the excellent name and cleanliness of the village from disobedience acts.\",\"PeriodicalId\":138405,\"journal\":{\"name\":\"Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum\",\"volume\":\"2 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14421/ajish.v56i2.1157\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14421/ajish.v56i2.1157","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Expulsion for Adultery Perpetrators Muhshan at Panyabungan: An Islamic Law Perspective
: This article examines the practice of expelling perpetrators muhshan in the Panyabungan society, which normatively (Islamic law) should be punished by stoning. This phenomenon is fascinating to study because the Panyabungan people are Islamic followers who are very fanatical and have a strong religion. This article is based on field data supplemented by library data. Three fundamental issues are examined in this article, namely the process of enforcing customary law for adulterers muhshan in Panyabungan society, the argument for the application of expulsion punishment to adulterers' muhshan , and how Islamic law views the practice of expulsion in the case of adultery. Uses a normative and sociological approach this article finds the fact that the practice of expulsion of adulterers muhshan in Panyabungan is enforced if the perpetrator has been proven to have committed adultery. The practice of expelling the perpetrators of muhshan adultery is carried out for two reasons: following the traditions or customs that have been in effect and the impossibility of applying the stoning law in Indonesia. This article also finds evidence that the purpose of imposing the penalty of expulsion for adulterers muhshan in Panyabungan is to give a deterrent effect to the perpetrators of adultery and, at the same time as a preventive measure for people not to commit adultery. In addition, the punishment is also intended to maintain the excellent name and cleanliness of the village from disobedience acts.