Abstract

Fiqh is the most important element in the legal tradition of the people of Aceh. All kinds of problems are resolved through the provisions of fiqh, and the power of fiqh can even override state law. In its application, the legal sanction of zina described in the fiqh book differs from the legal provisions of zina in Qanun Jinayat. This paper is based on a doctrinal study with a historical and legal approach. In order to strengthen the data of this study, some important research results in connection with this study are used in this study. In addition, this research also uses data obtained from online and web news directly from reliable sources. Data analysis was carried out using content analysis of the legal materials obtained and finally in-depth analysis was carried out. in-depth analysis. This research argues that the punishments for perpetrators are not fully taken from the existing law in the book of fiqh jinayat, in the book of fiqh the punishment for adultery is divided into two classifications and the punishment is lashing and stoning. However, in the Qanun Jinayat, the punishment for the perpetrator of adultery is only 100 lashes. However, in the Qanun Jinayat the sanction for the perpetrator of adultery is only 100 lashes, there is no legal sanction of stoning for the perpetrator of adultery muhsan as stipulated in the Fiqh Book.

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