Hukuman Mati: Dari Tradisi Arab Menuju Hukum Al-Qur’an

Abstract

The death penalty is the most Islamic law get resistance in its implementation. This resistance appears among others as a result of the symbolic understanding on the death penalty without understanding what and why this punishment stipulated in the Qur’an. Therefore, this article intends to answer the fundamental questions; how the concept of the death penalty in the Qur’an. This article resulted that the death penalty is one model of inculturation of the Qur’an to the existing tradition, with a change of paradigm regarding moral values and a more humane law, among others: (1) the principle of enforcement, from the original law “vengeance” (vendetta, lex talionis, tha’r) to “reply in kind”; (2) The motive for murder, of which initially involves all kinds of murder -including war- be designed killing and hir ābah only; (3) The prosecution, of which the extended family into the nuclear family; (4) accountability, from the collective responsibility to individual responsibility.