Analisis Yuridis Ayat 91 Surat Al-Maidah: Perspektif Hukum Islam dan Hukum Positif

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The interpretation and application of religious texts, particularly in the context of legal systems, often present complex challenges. One such instance is the analysis of verse 91 of Surah Al-Maidah in the Quran, which has been a subject of ongoing debate and discussion among Islamic scholars and legal experts. This verse, often referred to as the "Hand of God" verse, deals with the issue of punishment for theft and has significant implications for both Islamic law and contemporary legal systems. This article aims to delve into a comprehensive analysis of this verse, examining its interpretation from the perspectives of Islamic law and positive law, highlighting the complexities and nuances involved. #### Understanding the Verse Verse 91 of Surah Al-Maidah states: "O you who believe! Take not unlawful gains (by) taking the property of others unjustly, except by way of trade amongst yourselves, by mutual consent. And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you." This verse, at first glance, appears to be a straightforward injunction against theft and unlawful gains. However, the subsequent phrase, "except by way of trade amongst yourselves, by mutual consent," introduces a crucial exception that has been the subject of much debate and interpretation. #### Interpretation in Islamic Law The interpretation of this verse within Islamic law, particularly in the context of punishment for theft, has been a subject of extensive scholarly discourse. The majority of Islamic jurists, following the Hanafi, Maliki, Shafi'i, and Hanbali schools of thought, agree that the verse prescribes the punishment of amputation for theft, provided certain conditions are met. These conditions include the stolen item being of a certain value, the theft being deliberate and not out of necessity, and the thief being an adult and of sound mind. The rationale behind this punishment, according to Islamic scholars, is to deter theft and protect private property. #### Perspectives on the Exception The exception mentioned in the verse, "except by way of trade amongst yourselves, by mutual consent," has been interpreted in various ways. Some scholars argue that this exception refers to legitimate business transactions where both parties agree to the exchange of goods or services. Others interpret it as a broader exception that encompasses any form of lawful acquisition of property, including inheritance, gifts, and charitable donations. This interpretation suggests that the punishment for theft applies only to acts of stealing, not to other forms of acquiring property. #### The Role of Context and Interpretation It is crucial to note that the interpretation of any religious text, including verse 91 of Surah Al-Maidah, is heavily influenced by the context in which it was revealed and the historical circumstances surrounding its interpretation. The Quran, as a divine revelation, is meant to be a guide for all times and places, but its application requires careful consideration of the specific context and the evolving needs of society. #### The Perspective of Positive Law From the perspective of positive law, the punishment of amputation for theft is generally considered to be too severe and incompatible with modern legal systems. Most contemporary legal systems, including those in Muslim-majority countries, have adopted alternative punishments for theft, such as imprisonment or fines. This shift reflects a broader trend towards human rights and the recognition of the need for rehabilitation and restorative justice. #### Conclusion The analysis of verse 91 of Surah Al-Maidah reveals the complexities and nuances involved in interpreting religious texts within the framework of legal systems. While Islamic law prescribes the punishment of amputation for theft under specific conditions, contemporary legal systems have adopted alternative punishments that align with modern principles of justice and human rights. The interpretation of this verse, like many other religious texts, requires careful consideration of context, historical circumstances, and the evolving needs of society. The ongoing dialogue and debate surrounding this verse highlight the importance of engaging in critical and nuanced analysis to ensure that religious texts are interpreted and applied in a way that is both just and relevant to the contemporary world.