الزنا بالجبر في الفقه الإسلامي وقانون العقوبات الجنائي الشرعي 2013م: دراسة مقارنة

Abstract

This research explains the Zina bil Jabar in Islamic Jurisprudence and Syariah Penal Code Order 2013M: A Comparative Study expressing the opinions of the four sectarian jurists (Hanafi, Maliki, Shafi'i and Hanbali) and the Syariah Penal Code Order 2013M. The main purpose of this research is the urgent need for the public to know it with a deeper explaination as it is one of the hudud crimes and one of the biggest sins that need to be avoided. This research uses inductive methods by collecting empirical data on Zina bil Jabar’s definition, the proof of the legality, its law and others from various library sources such as Islamic jurisprudence books, previous researches as well as method of interviewing respondent from Legal Practitioners: Syarie Prosecution Division and the Islamic Legal Unit through online. The researcher also used a descriptive method which compare and analyze the the opinions of the four sectarian jurists (Hanafi, Maliki, Shafi'i and Hanbali) and Syariah Penal Code Order 2013M by stating the similarities and contradictions between this two. With this research, The researcher hopes that this research will be a guide for the public especially the legal practitioners, students and researchers that provide awareness and solution for the Muslim community to protect the Maqasid Shariah in lineage and dignity of the whole community from disruption by the free association between men and women so that this banned thing is not widespread and does not threaten the well-being of the community.