REFORMULASI MAKNA SURAH AL-NUR AYAT 2: (ANALISIS ATAS QANUN JINAYAT ACEH NOMOR 6 TAHUN 2014 TENTANG ZINA)

Muhammad Faisal, NIM.: 22205031004 (2024) REFORMULASI MAKNA SURAH AL-NUR AYAT 2: (ANALISIS ATAS QANUN JINAYAT ACEH NOMOR 6 TAHUN 2014 TENTANG ZINA). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The interpretation of Q.S Al-Nūr [24]: 2 in Aceh's qanun jinayat No. 6/2014 on zina indicates an expansion of meaning that is different from the interpretations in general. One of the differences is seen when this qanun does not distinguish between sanctions against married adulterers (muḥṣan) and unmarried adulterers (ghairu muḥṣan). The expansion and negotiation of meaning that distinguishes it from various interpretations reflects the acceptance of the laws contained in the Qur'ān through a process of dialogue with tradition, as part of the need to adjust meaning. This research belongs to the type of qualitative research by using Jorge J.E Gracia's theory of function interpretation which includes: hitorical function, meaning function and impicative function. This aims to see the extent of the expansion of interpretation contained in the Aceh qanun jinayat number 6 of 2014 concerning adultery, as well as its influence on previous texts. This study found that the historical function of the Aceh qanun jinayat drafting team in interpreting Q.S Al-Nūr [24]:2 combines the meaning of the interpretation of Q.S Al-Nūr [24]:2 found during the sultanate of Aceh Darussalam which used to implement Islamic law and the interpretation of previous scholars and collaborates with the context when the qanun was made. This elaboration of meaning is one of the differences in the interpretation of the qanun drafting team that does not separate the punishment for married adulterers (muḥṣan) and unmarried adulterers (ghairu muḥṣan). This difference in interpretation is also due to the Qanun drafting team interpreting the Qur'an textually and not using the hadith in specializing the word الزانية و الزاني so that the results of the interpretation of Q.S An-Nūr [24]:2 apply to all adulterers both married (muḥṣan) and unmarried (ghairu muḥṣan). The overall meaning of the hitorical function is fear or deterrence for adulterers. From here, the development of the meaning/meaning function produced does not stop at the perpetrator alone but also at all those involved in the act of adultery. The resulting meaning is to create such a heavy legal burden so that it becomes a filter for every Muslim not to violate it. So that there is a kind of psychological shield for people who try to do it. The implicative function that is present in this analysis is hifz al-nasl (preserving offspring). If so, then it is possible that the sanction for muḥṣan adulterers is not stoning as long as it is able to provide pressure so that people do not try it.

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