Contestation on Religious Interpretation in Contemporary Aceh Sharīa: Public Caning in Prison as the Case of Study

Abstract

This study aimed to discuss the debate and controversy surrounding interpretations that are considered authoritative about interpreting Sharīa proposition regarding the ta'zīr public caning legal procession in prisons in Aceh, from what was previously held in an open space. The debate occurred and took place in various media, including social media, following the issuance of the 2018 Aceh Governor's Regulation concerning the relocation of the punishment procession. The discussion continued long enough to debate the interpretation which is considered the most valid regarding the necessity of caning for being witnessed by a group of believers (mukmin); the selection of the place where the punishment will be carried out; until the legal reasoning, intent and purpose of the caning punishment itself to be witnessed in public space according to Sharīa, as explicitly stated and interpreted in the Al-Qur’an Surah An-Nur: verse 2. By using literature studies and empirical investigations as the method, this article would like to use synthesis approach for analysis by putting theory “authoritative” and “authoritarianism” as the framework. The research finding shows that certain view which has been popularized through media is supposed as an authoritative interpretation and understood as the “should be” according to sharīa by the public, so that must be imposed of caning and openly witnessed (not in jail) during the formalization of Islamic law in contemporary Aceh.

The Dynamics of Fiqh and Ushul Fiqh as a Treasury of Islamic Sharia for In-Depth Understanding

“…The difference between the two is the next focus, highlighting how Fiqh as a practical legal application and Ushul Fiqh as a theoretical basis interact with each other to form a comprehensive legal view. 12 The dynamics of comparison between madhhabs is also a main focus, examining how differences in interpretation between madhhabs reflect the diversity and complexity of understanding Islamic law. The important role of Fiqh and Ushul Fiqh in responding to changing times opens up new horizons, revealing how both remain relevant and can respond to contemporary challenges.…”

Analyzing the Offense of Juvinile Khalwat in Aceh: Evaluation of Qanun Number 14 of 2003 from an Islamic Legal Perspective

“…For instance, the enforcement of punishment for adultery aims to serve as a deterrent, fostering the preservation of lineage (hifz al-nasl) as outlined in Maqasid al-Sharia, or the objectives of Islamic law. 53 Similarly, criminalizing the practice of seclusion (the meeting of men and women in secluded places) serves a legal purpose aimed at preventing adultery. Imposing penalties on those who violate the prohibition of seclusion is a preventive measure against a more serious offense, namely adultery.…”

Interactionism and Social Harmonization in Wonomulyo as the Multiethnic City

“…The phenomenon seen in Wonomulyo shows that each ethnic group shows an open attitude toward other ethnic groups. In the market setting, for example, this openness can be seen in the familiarity of the various ethnicities selling in the market (Mubarrak et al, 2023;A. A.…”

“…The composition of traders in the Wonomulyo market is illustrated below. Multiculturalism is analyzed from the forms and values of social interactions that develop in the Mandor Village community; some phenomena are seen as a common language, problems, identity, and mutual respect (Wiyono, 2020;Mubarrak et al, 2023). The research above focuses on the form of interaction as a unifier, while this research examines symbolic interactionism in the process of interaction as a unifier.…”