Achmad, Yogi (2023) Kriteria Kafā’ah antara Pelaku dan Korban dalam Hukuman Kisas (Studi Komparasi Pendapat Mazhab Syafii dan Hanafi). AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab, Vol. 2 (No. 1). pp. 1-19. ISSN 2963-1580
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Abstract
This study aims to find out the views of the Shafii and Hanafi schools on the criteria of kafā'ah in the punishment of kisas and to find out the similarities and differences between these two schools on the matter. The type of research used is qualitative descriptive research, which focuses on the study of manuscripts and texts using normative juridical approach methods and is supported by comparative approach methods. From the results of this study, it was found that the Syafii school views the difference between murderers and victims in aspects of faith and independence causing the loss of kisas punishment to murderers who are more important than their victims and not vice versa, while in terms of gender differences and the number between murderers and victims do not abort the punishment of kisas for murderers. According to the Hanafi school, perpetrators will still be sentenced to kisas even if the murderer and victim have differences in faith, independence status, gender, or number. In general, both schools agree that differences in gender and the large number of murderers from victims do not abort the punishment of kisas to murderers, and differ in views on differences in perpetrators and victims on aspects of faith and independence.
Item Type: | Article |
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Subjects: | 200 Agama > 2XX Islam > 2X4 Fikih, Hukum Islam |
Depositing User: | Kurniawan M |
Date Deposited: | 12 Jun 2025 01:07 |
Last Modified: | 12 Jun 2025 01:07 |
URI: | http://eprints.stiba.ac.id/id/eprint/134 |