@phdthesis{digilib31063, month = {June}, title = {MODIFIKASI EKSEKUSI HUKUMAN QISAS (STUDI KOMPARASI EKSEKUSI HUKUMAN DALAM HUKUM ISLAM DAN HUKUM POSITlF)}, school = {UIN SUNAN KALIJAGA YOGYAKARTA}, author = {NIM. 00360415 ANDRIY ADI RAMLI}, year = {2004}, note = {1. HJ. SITI AMINAH, S.H., M.HUM. 2. DRS. MAKHRUS MUNAJAT, M.HUM.}, keywords = {HUKUMAN QISAS}, url = {https://digilib.uin-suka.ac.id/id/eprint/31063/}, abstract = {The aim of this research is twofold. Firstly, it attempts to present a systemised Criminal Law of Indonesia (KUHP) and Criminal Law of Islam (JINAYAH), especially retaliation in matters short of life, this former are called 'Crimes Against Body' , as apart from execution ofthe Qisas punishment. Several important things and essential in the execution of 'Crimes Againts body' are time of execution, instrument of execution, and executor of punishment. Then, it will be comparated with Homotransplantation .. The other side, Homotransplantation is a part of medical world . In fact, a few aspect of Homotransplantation have similar characters with execution the Crimes Against Body of Qisas punishment, insist of the object, the wounds, and i nstrum ent of execution. From this assumptions, I try to make some modification of it, through detail analisyze comparation both. This research give a new paradigm about Criminal Law of Islam. At the time, Criminal Law of Islam, especially execution of Qisas punisment, is interpretated by the violence and dead punishment, make everyone hear that is worried . But in this research, execution of Qisas punishment can be modificated by technology of Homotransplantation . Subtantly, "equal and balance principle" from execution Crimes Against Body of Qisas punishment ( al-Musawah and al? Musama) are not lost. Technology of Homotransplantation always follows and accordi ng Code of Medical Ethics. General goal of this research is an attempt to appraise, elucidate, and rethinki ng the Penal Law ofislam, especially Execution of Qisas punishment.} }