RESTORATIVE JUSTICE DALAM AYAT-AYAT AL-QUR’AN TENTANG PEMIDANAAN: APLIKASI HERMENEUTIKA MAʻNA-CUM-MAGZA

Ghufron Hamzah, NIM.: 18300016034 (2022) RESTORATIVE JUSTICE DALAM AYAT-AYAT AL-QUR’AN TENTANG PEMIDANAAN: APLIKASI HERMENEUTIKA MAʻNA-CUM-MAGZA. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research focuses on reinterpreting criminal verses of the Qur’an. The emergence of the stigma of Islamic criminal law that does not respect human rights in the form of death penalty, amputation, stoning, and whipping is inseparable from the existence of a quasi-objectivist-conservative typology on interpretation which interprets the Qur'an legally-literally. On the other hand, there is also a typology of subjectivist which does not take into account the existence of the authentic meaning of the text (original meaning), the existence of hadith, the historical context of the revelation of the verse (asbāb an-nuzūl), and the history of the Prophet. In addition, several interpretations of contextualist figures have not emphasized the principle of restorative justice in the criminal verses of the Qur'an. For this reason, this study focuses on answering three problems. First, why is it necessary to reinterpret the criminal verses of the Qur'an? Second, how is the reinterpretation of criminal verses with maʻnā-cum-magzā hermeneutics? Third, how is the relevance between the principles of restorative justice with the reinterpretation of criminal verses of the Qur’an? This can be classified as research based on a constructivist paradigm because it seeks to build a paradigm of Qur’anic interpretation and develop an interpretation of criminal verses of the Qur’an. This research uses a theoretical framework including maʻnācum- magzā hermeneutics, restorative justice, and verses of criminal law in Islam. This study also uses qualitative data. It can be called a literature study by examining books, journals, articles, archives, and other data related to the formulation of the problem understudy. The related data will be grouped and processed by using a descriptiveinterpretative method. This study concludes with the following points. First, the criminal verses still need further reinterpretation because the context at the time of revelation was different from the present context. These verses cannot be taken literally or statically. Interpretation must be developed contextually and dynamically according to the development of the dynamics of human life. The static interpretation is a quasi-objectivist-conservative interpretation that puts forward a legal orientation without considering the universal ethical vision of the Qur'an. On the other hand, the quasi-subjectivist typology negates the existence of the original meaning of the text. Therefore, an interpretation that maintains the relationship between the elements of the text, context, and contextualization is an alternative to reinterpreting the criminal verses of the Qur'an. Second, by using the maʻnā-cum-magzā hermeneutics, the principles of restorative justice contained in the Qur’anic verses about murder, abuse, and theft can be explored. The principles of restorative justice extracted from the criminal verses of the Qur'an are the main basis for solving criminal cases. Third, the relevance of the principles of restorative justice can be seen from the analysis of the five keywords (‘ufiya, maʻrūf, iḥsān, aṣlaḥa, and taṣaddaqa) and considering the historical context of punishment from time to time. ‘Ufiya as an apology is the first key element in resolving cases with restorative justice and is the first step in the process of healing and empowerment for victims. The principle of moral learning (moralizing) is reflected in maʻrūf, iḥsān, and taṣaddaqa from the victim's side by not asking for their rights or asking for just a portion. Meanwhile, iḥsān is carried out by the actor by giving more than the obligations he must fulfill. The principle of improving interpersonal relations (reparation and transformation) is contained in the keyword aṣlaḥa. To make this happen, the settlement of cases is carried out by reaching out to all parties involved by restoring normal conditions between victims, perpetrators, and the community environment. The completion of criminal acts through restorative justice can be considered a solution to the settlement of criminal cases.

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