Sabab Al-Nuzul dan Asas Berlaku Surut dalam Hukum Pidana

Abstract: Al-Qur’an is revealed by Allah as a guidance for mankind. Most of its verses were revealed without circumstantial events on which the verses were revealed. Meanwhile, there are also some of its verses which were revealed to answer or respond particular events or questions that can be easily understood from their historicity especially those which related to Islamic law. This particular events or questions are called sabab al-nuzul (context of revelation) in the study of Qurán. This research shows that there are many advantages of the context of the revelation associated with the l... Mehr ...

Verfasser: Makinuddin, Makinuddin
Dokumenttyp: Artikel
Erscheinungsdatum: 2015
Verlag/Hrsg.: Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya
Schlagwörter: Sabab al-nuzul / khusus al-sabab / berlaku surut / muharabah
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-26864482
Datenquelle: BASE; Originalkatalog
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Link(s) : http://jurnalfsh.uinsby.ac.id/index.php/aldaulah/article/view/94

Abstract: Al-Qur’an is revealed by Allah as a guidance for mankind. Most of its verses were revealed without circumstantial events on which the verses were revealed. Meanwhile, there are also some of its verses which were revealed to answer or respond particular events or questions that can be easily understood from their historicity especially those which related to Islamic law. This particular events or questions are called sabab al-nuzul (context of revelation) in the study of Qurán. This research shows that there are many advantages of the context of the revelation associated with the legal verses. The wisdom and secret of the verses become the basis of the law promulgation to reach a public interest. As for the impact of the context of the revelation is that the derived law will be enforced since the legal event happened, and not since it was revealed. This rule is based on the principle of “the derivation of Islamic constitution is understood from the particular context of the revelation and not based on the general meaning of the wordâ€, particularlyassociated with the criminal act which violatespublic or general interest. Thus, it is clear that the principle of legality is not always enforced in the Islamic criminal law. Under a certain condition, it may be applied retroactively if the criminal actdisturbs public interest. So that, this research will focus on the legal consequences of verses of al-Qur’an which have the historical background and those which do not. Keywords: Reason of the revelation, certain historical background, retroactive, and muharabah  Abstrak: Al-Qur’an diturunkan ada yang tidak melalui sebab dan ini lebih banyak daripada yang melalui sebab dan ia merupakan wahyu yang menjadi petunjuk Allah bagi umat manusia (hudan li al-nas). Sementara itu, ada juga yang melalui sabab al-nuzul, karena adanya fatrat min al-rasul (kekosongan umat manusia dari keberadaan Nabi dan Rasul) dan mengandung beberapa hikmah yang dalam, terutama terkait dengan pemahaman ayat-ayat hukum dalam ...