Reinterpretasi Ayat al-Qi¡ QS. Al-Baqarah: 178-179

Abstract

Application qiṣāṣ as one of Islamic law is obligatory like Syāfi’iyah’s and Hanafiyah’s view moreover Khawarij consider the government kafir if they do not apply Islamic law. In fact, qiṣāṣ is not applied in every country in which Moslems live, including Indonesia. The aim of this research is reinterpretation ayat al- Qiṣāṣ QS. Al-Baqarah 178-179 with the maqāṣid al-syarÄ«ahand socio-histories approach and its implication for Indonesia criminal law. The result of this research is that qiṣāṣ is wasÄ«lah to achieve ḥifẓ al-nafs aim. Qiṣāṣ choice as wasÄ«lahis influenced Arab civil’s tradition before Islam. Because of it,  qiṣāṣas wasÄ«lah can be changed by Indonesia criminal law that is written in article 338, 339, 340 and 344 KUHP