Implementasi Prinsip Naskh dalam Konteks Hukum Pidana Islam di Indonesia
The concept of *naskh* in Islamic law, signifying the abrogation of earlier verses or legal rulings by later ones, presents a complex and nuanced challenge in the context of contemporary Indonesian criminal law. While the principle of *naskh* is firmly rooted in Islamic jurisprudence, its application in a modern legal system necessitates careful consideration of its implications and potential conflicts with existing legal frameworks. This article delves into the intricacies of implementing *naskh* within the Indonesian criminal justice system, exploring its historical context, legal ramifications, and potential challenges. <br/ > <br/ >#### The Historical Context of *Naskh* in Islamic Law <br/ > <br/ >The principle of *naskh* finds its origins in the Quran itself, where certain verses explicitly abrogate earlier ones. This concept is further elaborated upon in Islamic jurisprudence, with scholars developing intricate rules and criteria for determining when and how *naskh* applies. The rationale behind *naskh* is often attributed to the evolving needs of society and the divine wisdom of Allah, allowing for the adaptation of Islamic law to changing circumstances. However, the application of *naskh* has been a subject of debate and controversy throughout Islamic history, with different schools of thought offering varying interpretations and methodologies. <br/ > <br/ >#### Legal Ramifications of *Naskh* in Indonesian Criminal Law <br/ > <br/ >The Indonesian legal system, while predominantly based on civil law, incorporates elements of Islamic law, particularly in personal matters such as family law and inheritance. However, the application of *naskh* in criminal law remains a complex and contentious issue. The Indonesian Criminal Code (KUHP), which forms the bedrock of the country's criminal justice system, is largely secular in nature and does not explicitly recognize the principle of *naskh*. This raises questions about the legal validity and enforceability of *naskh* in criminal cases. <br/ > <br/ >#### Challenges in Implementing *Naskh* in Indonesian Criminal Law <br/ > <br/ >The implementation of *naskh* in Indonesian criminal law faces several significant challenges. Firstly, the determination of which verses or rulings are subject to *naskh* requires expert interpretation and consensus among Islamic scholars. This process can be subjective and prone to differing opinions, potentially leading to legal uncertainty and inconsistencies. Secondly, the application of *naskh* may conflict with existing legal principles and provisions in the KUHP, creating a potential clash between Islamic law and secular law. This conflict could lead to legal disputes and challenges to the legitimacy of applying *naskh* in criminal cases. <br/ > <br/ >#### Conclusion <br/ > <br/ >The implementation of *naskh* in the context of Indonesian criminal law presents a complex and multifaceted challenge. While the principle of *naskh* holds significant weight in Islamic jurisprudence, its application in a modern legal system requires careful consideration of its legal ramifications, potential conflicts with existing laws, and the need for consensus among Islamic scholars. The Indonesian legal system must navigate these complexities to ensure that the application of *naskh* is both consistent with Islamic principles and compatible with the broader legal framework. <br/ >