KETENTUAN JARIMAH ZINA DAN KHALWAT MENURUT HUKUM ISLAM DAN QANUN ACEH NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT

Abstract

Article 1 Paragraph (26) Aceh Qanun Number 6 of 2014 concerning Jinayat Law, adultery is intercourse between a man and a woman without marital ties with the willingness of both parties. This study aims to analyze the legal provisions against the finger of adultery and the finger of seclusion according to Islamic law and Qanun Jinayat. The research method is normative juridical, with a case and statutory approach. The data sources used are primary legal materials, secondary legal materials, and tertiary legal materials. The study results show that in Islamic law, there are differences in punishment; namely, married adulterers are lashed one hundred times and stoned with stones. In comparison, single adulterers are punished by being lashed one hundred times and exiled for one year. Meanwhile, according to the Qanun Jinayat, it does not distinguish between married adulterers and single people and is only sentenced to one hundred lashes. It is recommended that in the Qanun Jinayat, it is also necessary to make a difference in punishment between married offenders and unmarried finger perpetrators.