PENALARAN FIKIH TERHADAP RUMUSAN ANCAMAN PIDANA TA’ZI>R PADA PELAKU KHALWAT DALAM QANUN ACEH NO. 6 TAHUN 2014

Abstract

Islam strictly prohibits adultery, while khalwat / mesum is intermediary or the opportunity for zina. This indicates that zina acts occur due to other acts that are the cause of zina, then khalwat (mesum) is also one of the punishment (criminal acts) and threatened with punishment ta’zi> r. Seclusion is prohibited in Islam because this action can plunge people into adultery, namely the legal relationship between husband and wife outside the marriage. In Aceh Khalwat is a crime that has been regulated in Qanun 14 of 2003 and Qanun 6 of 2014 but what has become a fundamental question in resolving khalwat cases in Aceh so far is what is the size of someone who is said to have committed a violation.