CONTENTS

DESCRIPTION
PREFACE
TABLE OF CONTENTS
CHAPTER I : INTRODUCTION
A. Background of Problem
B. Problem Identification
C. Formulation of Problem
D. Purpose of Writing
E. Method of Writing
F. Limitation of Problem

CHAPTER II : OVERVIEW
A. Definition of Qanun Jinayat
B. Types of Jinayat in Indonesia
C. Stoning Punishment for Adulterers Muhsan
D. Arguments Regarding the Implementation of Stoning Law

CHAPTER III : THE IMPLEMENTATION OF THE LAW OF STONING

LAW IN THE VIEW OF ISLAM
A. History of the Implementation of Stoning Law in Islam
B. Opininon Of Expert on the Modernization of the Stoning Law
C. The Wisdom of Modernization of the Stonong Law in Islam

CHAPTER IV : COVER
A. Conclusion
B. Suggestion

REFERENCE
CURRICULUM VITAE
SCORE

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 CHAPTER I
INTRODUCTION

A. Background of Problem
Indeed, islam is the perfect religuin of Allah SWT. But after the
prophet Muhammad passed away, many verses are no longer relevant to be
social reality and glory of the time. Therefore, it is necessary for
modernization to be carried out either textually or contextually by
understanding the Qur’an and Sunnah. This is thought of modernizing
Islamic law in order to achieve maslahah 1 so that the law can always be in
accordance with social reality with it increasingly complicated diversity.
Looking at the realities that occur, the writers argues that along
with the incessant modernization of law in Indonesia. Islamic law will
continue to change in order to answer all the demands of life in accordance
with is purpose namely for the benefit of humans in Indonesia in particular
and generally in all countries in the world ( as one of the objective of
maqasid shari’a ).
But of the many modernized Islamic laws, the writers chooses to
discuss the law of stoning law as a problem limitation. Stoning is a form of
jinayat imposed on the perpetrators of adultery muhsan which has been
explained in the Qur’an surah An-Nur verse 2 which reads
‫ة ِفي ِد يِن ٱِهَّلل‬ٞ‫َٰو ِحٖد ِّم ۡن ُهَم ا ِم ْاَئَة َج ۡل َد ٖۖة َو اَل َتۡأ ُخ ۡذ ُك م ِبِهَم ا َر ۡأ َف‬ ‫ٱلَّز اِنَيُة َو ٱلَّز اِني َفٱۡج ِلُدوْا ُك َّل‬
‫ة ِّم َن ٱۡل ُم ۡؤ ِمِنيَن‬ٞ‫ٱٓأۡلِخ ِۖر َو ۡل َيۡش َهۡد َع َذ اَبُهَم ا َطٓاِئَف‬ ‫ِإن ُك نُتۡم ُتۡؤ ِم ُنوَن ِبٱِهَّلل َو ٱۡل َيۡو ِم‬
Meaning : “The female of adulterer and the male adulterer, punish each of
them a hundred times. And don’t let compassions for either of them
prevent of you from observing the religion of ( law ) of Allah if you

1
Muhammad Muslih “Peran Fikih Islam dalam modernisasi Hukum Islam ( Perspektif Undang
Undang no : 1 tahun 1974 ) “ vol. 2 no. 1, 2019, hlm. 63.

2
 believe in Allah and the last day. Let their punishment be witnessed by
some of believer “.
( Q.S An Nur : 2 )
According to the interpretation of the above verse, adulterous
women and adulterous men who are virgins, that is, unmarried, then beat
to punish each of them a hundred times for their disobedience. It has been
established in the Sunnah that there are additional strokes/mutilation. In
general, as the punishment for muhsan adulterers that is , those who are
married for free, then the punishment for them is stoning according to the
shahih and mutawatir sunnah. Do not be merciful to them even a little
enforcing the rules of Allah, the day of resurrection and the day of
recompense. Let the execution of their punishment be witnessed by a
group of believer, at least 3 people, because if it is witnessed by many
people, it will be a warning, a lesson, and learning.
Therefore, the writers chooses to discuss modernization, which
more spesifically discusses the modernization of the stoning law with the
tittle
“ modernization of the implementation of Islamic law in Islamic views “

B. Problem Identification
Problem identication based on the description above there are
problems that are identified, among others :
1. There still a lack of understanding among readers about modernized
law
2. There still a lack of understanding among readers about the nature of
stoning law
3. There still a lack of clear opinion on the permissibility of modernizing
law of the stoning

C. Formulation of Problem

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 Based on the background in the introduction that the writer
describes, there are several problem formulations that arise, including :
1. How the implementation of the law of stoning law in Islamic ?
2. What are the opinions of experts regarding the modernization of
jinayat law?
3. What is the wisdom of the implementation of modernization of stoning
law?

D. Purpose of Writing
In accordance with the research problem, the objectives in this
study are :
1. Knowing how the implementation of the law of stoning in Islamic law
2. Knowing law the opinions of expert related to the modernization of
jinayat law
3. Knowing the wisdom of the implementation of modernization of
stoning law

E. Method of Writing
With this the writers uses several methods in this writing, as
follows:
1. Collecting information and data from books, journals thet are trustred
and according to the tittle
2. Examining data from reading books or journals that are related to the
tittle
3. Collect information from the media, reading the books and sources

F. Limitation of Problem
With this writer limits the discussion in the writership of this paper,
the limitations of the discussion of this paper consist of :
1. Modernized stoning law
2. How the stoning law is implemented

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 CHAPTER II
OVERVIEW

A. Definition of Qanun Jinayat

Islam has established rules for all aspects of life including criminal
acts regulated in jinayat law.
1. Definition of Jinayat
Jinayat is all legal provisions regarding criminal acts or criminal
acts based on the Qur’an and Hadist2. Jinayat comes from the word
Masdar jama’ which mean sin, the word jinayat means sinful acts or
wrongdoing, the term jinayat itself has several meanings.
In another definition, jinayat can also be interpreted as follows,
jinayat is an act prohibited by the shari’ah, the prohibited act referred
to the soul, property or others
While among the Jurits or Fuqaha’, jinayat is an act prohibited by
shari’ah that threatens the safety of life, such as beatings, rape, and
murder. Some Fuqaha’ also limit the term jinayat only to acts that are
punishable by Hudud or Qisash and do not include acts that are
punishable by Ta’zir law
2. Jinayat punishment or sanction
There are 3 sanction of Islamic criminal law on jinayat, the three
legal sanctions are Hudud, Qisash, or Diyat, and Ta’zir.
Each sanction will be determined in accordance with the criminal
act or Jarimah commited by a person. As for the sanction of Islamic
law, among other, as follows.
A. Hudud sanctions
Hudud sanctions are those whose provisions and
implementation refer to the Qur’an and Sunnah. This type of

2
Prof. Dr. H. Zainuddin Ali. M.A.,Hukum Pidana Islam (Jakarta : PT Bumi Aksara, 2007) hlm 1

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 punishment can be in the form of stoning, cutting hands, exile, life
imprisonment, to execution.
This punishment is applied to adultery, Qhadaf, or accusing
people of adultery, stealing, robbery, and apostasy.
B. Qisash or Diyat sanctions
According to Marfuatul Latifah in the journal Jarimah acts
that do not have the highest limit and the lowest limit, but the
sanctions are determined by humans3.
In other words, the sanction of Qisash is ddetermined by
the ligiants themselves, the perpetrator of the crime can change the
level of punishment from Qisash to Diyat, if he has received
forgiveness and made compensation to the person who has been
harmed
C. Ta’zir sanctions
Ta’zir punishment is a criminal sanction imposed by the
authorities, such as judges, king, president as perpetrators. The
punishment for Ta’zir crimes is educational in nature so that
perpetrators are detected and do not repeat their actions in the
future.
Some types in Ta’zir sanctions are imprisonment,
reprimand, suspension, dismissal, and beatings which are
determined in accordance with the offense committed. The offense
or Jarimah committed is being a false witness cheating, in
blasphemy
B. Various Types of Jinayat in Indonesia
Aceh province is the only province in Indonesia that implements
Shari’a which refers to the provisions of Islamic criminal law which is also
known as jinayat law

3
Marfuatul Latifah, “Upaya Transformasi Konsep Jarimah Qisash-Diyat Pada Hukum Positif
Melalui RUU KUHP” vol. 2 no. 1, 2011, hlm. 135.

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 Although some secular Indonesian laws continue to apply in Aceh,
the provincial government can implement some additional regulations
derived from Islamic criminal law the Indonesian government officially
allows each province to implement regional regulations, but Aceh has
special autonomy with the additional permission to implement laws based
on Islamic Shari’a as formal law.
Some of the offenses regulated under Islamic criminal law include
production, distribution, and consumption, alcoholic beverages, gambling,
adultery, making out outside of marriage, and LGBT.
Any offender prosecuted under this law is subject to flogging,
fines, or imprisonment. Stoning is not enforcing in Aceh, and attempt to
introduce the punishment in 2009 failed due to lack of approval from the
governor, Irwandi Yusuf.
C. The Ruling on Stoning Law for Adulterers Muhsan
In islam, adultery is divided into two, namely adultery Muhsan and
adultery Gairu Muhsan. Adultery muhsan is adultery committed by a
married person. The expression “a married person“ is a person who
includes a husband, wife, widow, and widower. While adultery Gairu
Muhsan is an adulterer or perpetrator who has never been married.
The has (punishment) applied to adulterers muhsan is stoning law
is that the perpetrators of adultery Muhsan, are stoned with medium sized
stones until they really die. Then, the srones used to not too small so as
prolong the process of death and punishnment.
As well as it is not allowed to stone with large stones to cause
instant death with which the purpose of “ giving a lesson “ to adulterer
Muhsan is not achieved.
Because of that Rizem Aizid in his book entitled “ Sembuh Total
dengan Wirid Asmaul Husna “explain that of two types of adultery. The

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 most condemned adultery in islam is adultery committed with someone
else wife or what is called zina Muhsan4.
Launching in the same book there is a narration told by Abdullah
bin Mas’ud follows

“ I asked the messenger of Allah SAW. “ What is the greatest sin in

the sight of Allah ? ”, Rasulullah said “Associating partners with Allah
when Allah is the one who created you “ I asked again “ Then, what other
sin? “ Rasulullah said “ Killing your child for fear of hunger “ I asked
again “ Then what other sin? “ Rasulullah said “ Commiting adultery with
a neighbours wife.” (HR. Bukhari dan Muslim).5
The adultery referred to in the narration is if it is based on the
willingness of the neighbours wife because in general neighbours do not
think that other people who are neighbours have to heart to commit
adultery with their wives, neighbour usually help protect the honor and
dignity oof other people who are neighbour.
Stoning punishment for adulterers Muhsan if both are proven
guilty then do not give him mercy instead as a consequence of punishment
for adulterers Muhsan not present witnesses from among the believers at
least three or four people so that it becomes a lesson for those who see and
hear it.
D. Arguments on the Implementation of the Stoning Law
1. Evidence According to the Qur’an

‫ة ِفي ِد يِن ٱِهَّلل‬ٞ‫ٱلَّز اِنَيُة َو ٱلَّز اِني َفٱۡج ِلُدوْا ُك َّل َٰو ِحٖد ِّم ۡن ُهَم ا ِم ْاَئَة َج ۡل َد ٖۖة َو اَل َتۡأ ُخ ۡذ ُك م ِبِهَم ا َر ۡأ َف‬
‫ة ِّم َن ٱۡل ُم ۡؤ ِمِنيَن‬ٞ‫ِإن ُك نُتۡم ُتۡؤ ِم ُنوَن ِبٱِهَّلل َو ٱۡل َيۡو ِم ٱٓأۡلِخ ِۖر َو ۡل َيۡش َهۡد َع َذ اَبُهَم ا َطٓاِئَف‬

Meaning : “The female of adulterer and the male adulterer, punish each of
them a hundred times. And don’t let compassions for either of them
prevent of you from observing the religion of (law) of Allah if you believe
4
Rizem Aizid, Sembuh Total Dengan Wirid Asmaul Husna ( Banguntapan, Yogyakarta : Sabil, 2016 )
hlm. 46
5
Ibid.,

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 in Allah and the last day. Let their punishment be witnessed by some of
believer “.
(Q.S An Nur : 2).

2. Evidence According to the Hadith

‫ٍة‬ ‫ِم ٍة‬ ‫ِب ِب ِب ِب‬

‫ُخ ُذ وا َعيِّن ُخ ُذ وا َعيِّن َقْد َجَعَل الَّلُه ُهَلَّن َس ياًل اْل ْك ُر اْل ْك ِر َج ْلُد اَئ َو َنْف ُي َس َن َوالَّثِّيُب‬
‫ِم ٍة‬ ‫ِب ِب‬
‫الَّثِّي َج ْلُد اَئ َوالَّرْج ُم‬

Meaning : “ Take it from me, take it from me, indeed Allah has
given a way out (punishment) for them (adulterers) virgins and
virgins who commit adultery the punishment is 100 lashes and
exile for 1 year, while widowers and widows the punishment is one
hundred of stoning” (HR. Muslim)6.

6
HR. Muslim

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 CHAPTER III
THE IMPLEMENTATION OF THE LAW OF STONING IN THE VIEW OF
ISLAM

A. The History of Stoning in Islam

In the hadith, two Bedouins came to Rasulullah SAW. And

they said “ Oh, Rasulullah, the boy was once a worker of this
person (who was with him) and it turned out that my son had
commited adultery with his wife, then I redeemed my son from
him with 100 goats and a slave girl, then I asked the pious
people they said my son would be subject to 100 lashes and
exiled for a whole year, while his wife would be subject to the
law of stoning.

Rasulullah then replied “ by god with my soul in his grasp I

will indeed conduct a trial between the two of you based on
Kitabullah (Qur’an). Your slave girl and goats are returned to
you and your son is punished with 100 lacerations and exiled
for 1 year. Now, you go Unais (a man from the Banu Aslam
who has in the assembly) to this man`s wife (ask her) if she
confesses then stoning her.
After questioning the wife of the man who was with him, Unais
got a definite answer that is wife confessed to commiting
adultery, therefore the wife was subjected to stoning with
stones the size of a hand until she died.
The next is the case of Maiz bin Malik who confessed to
having committed adultery with Fatimah a hazzal slave, he
confessed his actions to Abu Bakar then Umar but both advised
him to cover the disgrace and asked him to repent. But because

2
 he was not satisfied with the solution, at the suggestion of
Hazzal, Maiz then confessed before the prophet who was at
that time with his friend in the mosque, in essence he asked to
be purified, but the prophet turned his face away from Maiz up
to 3-4 times and told him to go home to repentance
But because Maiz continued to insist, then there was a dialogue
between Maiz and the prophet which was witnessed by the
companions, the dialogue was very detailed, the prphet
examined Maiz consciousness was drunk or not, the prophet
also asked if Maiz just kissed, touched, or saw his partner even
the prophet even asked “if yours was immersed in hers like a
rope into the well? “ all the prophet`s questions he answered
with “yes” the prophet then ordered to stoning Maiz.
Maiz ran away during the execution, but was caught and stoned
to death. In response to the incindent, the prophet said “why
don’t you just let him go? Maybe he will repent and Allah will
forgive him” Maiz body was not prayed for, but 3 days after the
execution the prophet said “Maiz has repented which if his
repentance is shared with this ummah it is enough for them”.
B. Experts Opinions on the Modernization of the Stoning Law
1. Opinion of Hasbi Ash Shiddiqy
In his opinion about the punishment for people who commit
adultery as mentioned in the Qur`an surah An Nur verse 2.
In the explanation of Hasbi interpretation elaborates that the
verse above explains the punishment for people who
commit adultery, male, or female, according to him,
whoever commits adultery in a free status, not a slave, is of
legal age and sound mind, whether married or single, is
flogged 100 times.
Hasbi said that majority of scholars, in addition to adhering
to the sunnah narrated from the prophet and Khulafaur

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 Rasyidin, said that the law of stoning is that which is
stipulated by the Qur`an but has been transcended or
abgrogated while the law is still valid. According to Hasbi,
they said Umar heard the recitation of the verse from the
prophet SAW. And presented it to Zaid to be recorded in the
mushaf, but Zaid rejected it because Umar did not bring
two witnesses. When Umar became caliph, he reiterated in
a sermon that the ruling on stoning was indeed based on the
Qur`an.7
In his explanation Hasbi commented that Zaid would not
have rejected Umar`s narration if he had really heard the
verse from the prophet, beside that according to Hasbi`s
opinion that are verses that are transcended while the law is
still valid. This id not a ruling that is accepted by all
scholars, but considering that the issue of stoning is a big
problem, a matter of soul, therefore if the law is a Qura`nic
law, the wording is caused in the Qur`an, therefore
according to Hasbi surah An Nisa verse 2 includes muhsan
and not muhsan, old and young people, there is no specifity
for certain groups.
In conclusion Hasbi said the hadith or sunnah narrated from
the prophet both qauli and fi`li as well as regarding the
verse of stoning applies or was revealed before the verses
of An Nur (1-7) and before the verse An Nisa (25)
continued Hasbi, the punishment that is muhkam and
continues to apply until now is the law of whipping and the
implementation should be witnessed by a group of believers
so that it can be a lesson.

2. Opinion of Buya Hamka

7
Ibid.,

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 On November 15, 1962, Prof. Dr. Hamka or Buya Hamka
received a question from a reader from Garut, about young
man who committed adultery with someone else`s wife, the
person asked how according to the Qur`an and hadith the
young man could escape the punishment of Allah both in
this world and in the hereafter.
Then the readers also asked Buya Hamka`s willingness to
carry out the punishment on the young man if he came to
Jakarta asking for punishment, because he got the question
Buya Hamka answered that in Republic of Indonesia there
was no stoning law for adulterers, and in a country that
100% implemented the Qur`anic law it was rarely carried
out.
“Because the punishment for adultery requires four
witnesses.” Wrote Buya Hamka.
According to Buya Hamka, even if the stoning law applies
in Indonesia, he (Buya Hamka) does not have the authority
to carry it out because it is the right of the judge of court.
Hamka gave advice on the only thing that is still wide open
for young people who feel under pressure and sin is
repentance. In Islamic provisions repentance is regretting
what has already been made and stopping the mistake now.
“And discipline yourself so as not to make it again for the
next. After that do as many good deeds as possible to trace
the soul back in the way of Allah.” Wrote Buya Hamka.
C. The Wisdom of Modernizing the Stoning Law in Islam
Among the most important wisdoms in the modernization of
stoning law are :
1. Given the opportunity to repent from his abominable act.
2. The head of the family can support his family again.

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 CHAPTER IV
CLOSSING

A. Conclusion
Conclusion that can be obtained and concluded from
this paper, “Modernization of the Implementation of the
law of Stoning in the View of Islam” are :
1. The punishment of stoning still has many opinions
according to scholars, but most of the majority of
scholars are of the opinion that the punishment of
stoning is no longer appropriate because the stoning
is a punishment that underlies a person`s soul,
although there are countries that use the Qur`an and
Hadith in full, not stoning can be carried out
carelessly.
2. In Islamic history there are not many
implementations of the law of stoning, because the
implementation of the law of stoning must be clear
evidence must have clear sanctions and its
implementation mut be carried out in front of the
Muslim community so that it can be a lesson.
3. Stoning can be lifted if the witness retracts the
confession and nullifies the confessions
B. Suggestion
1. To Readers
The writer hopes that readers can take a lessons
from what the writer has written in this paper,

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 modernizing the implementation of the law of
stoning in the view of Islam.

2. To Writers
The writer hopes that other can discuss the
modernization of the implementation of the law of
stoning in the view of Islam better and in more
detail, the writer hopes that the next writer can
complete the shortcomings of this paper.

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 PREFACE

‫بسم هللا الرحمن الرحيم‬

First of all the writer would like to give special thanks to Allah, the master
of universe, with his ability the writer is able of making this paper. Besides thanks
also presented to noble prophet Muhammad SAW and his family.

The writer should express his thanks to everyone who had supported and
helped in finishing this paper there are :

1. Lovely parents and families also outsiders who had supported him with
their morally and materially.
2. Director of Modern Islamic Boarding School Misbahul Ulum Mr.
Syarifuddin S.Ag.
3. Special and great of thanks to the advisor. Mr. Marhalim. M.Pd. For his
sincerity to guide the writer in writing this paper.
4. Thanks to all tutors of the sixth year’s student class who gave the writer
motivation until end of writer the paper. All teachers at Modern Islamic
Boarding School Misbahul Ulum especially for the writer’s counselor.

However the writer realizes there are many possibilities of fault wheter
textual or contextual parts in writing this paper, so the critics and suggestions are
very expected to develop the perfection of this paper, generally to increase the
writer’s knowledge. Finally may this paper be useful for all readers.

Paloh, 11st of November 2023

Writer

Teuku Farel Al Kasyfi

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 CERTIFICATE
The Paper Submitted by:

Name : Teuku Farel Al Kasyfi

Registered Number : 18.5753

Student : Class Six of Modern Islamic Boarding School Misbahul

Ulum

Title of Paper : Modernization of the Implementation of the Stoning

Law in the View of Islam

Has been researched and corrected. So this paper has been received and accepted
as apartial fulfillment of the duties and the requirements of education for taking
last examination at Modern Islamic Boarding School Misbahul Ulum.

Paloh, 11th of November 2023 M

27 Rabiul Akhir 1445 H

Supervisor

Mr. Marhalim, M.Pd

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MODERNIZATION OF THE IMPLEMENTATION OF
THE STONING LAW IN THE VIEW OF ISLAM
Paper

Submitted to the Modern Islamic Boarding School Misbahul Ulum as a

partial Fulfillment of the Duties and Requirements of Education at last Year
Class

By

TEUKU FAREL AL KASYFI

Registered Number: 18.5753

Supervisor

Mr. Marhalim, M.Pd

MODERN ISLAMIC BOARDING SCHOOL MISBAHUL

ULUM PALOH MUARA SATU KOTA LHOOKSEUMAWE
2024 M / 1445 H

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