Diskursus Hudud dalam Studi Hukum Islam (Melacak Evolusi Rumusan Hudud)

Abstract

The formulation of hudud law has been more synonymous with criminal and punishment forms. Such formulations and construct are recognized to distort the true concept of hudud. It also implicates on the theoretical debate in Islamic penal law. The main goal of this paper is to explore and elaborate the hudud discourse in the study of Islamic law. This paper is a library research with a hermeneutical approach. The data collection technique used in this research is a documentary study (historical) which is elective-eliminative historic in nature. The analysis methods used in the research are the general methodical elements such as interpretation and deductive-inductive also personal reflection. This paper produces several conclusions: (1) The discourse of hudud penal in the Islamic criminal law studies has experienced a paradigm shift as a dynamic entity from time to time. And the stipulation of hudud penal is an Islamic Juristic formulation (fuqah? ) and (2) As a product of ijtihad, stipulation of hudud or its existence is open with criticism using contemporary epistemology.