Restorative Justice dalam Ayat Pidana Pembunuhan Pendekatan Hermeneutika Ma’nā-Cum-Magzā

Abstract

This study was motivated from the urge of reinterpreting criminal verses contextually that still pay attention to the role of text, context and contextualization. The ma’nā-cum-magzā hermeneutics method was chosen as a method of interpretation in this study because it was considered moderate hermeneutics. It is a method of interpretation resulting from the synthesis of subjectivist and objectivist hermeneutics to become subjectivist- cum-objectivist. Because the object of this study was verses of criminal law, the theory used was legal theory, namely restorative justice, on the basis that this study was conducted to find the principles of restorative justice in criminal law verses. Therefore, this study focused on answering three problem formulations. First, why is it necessary to reinterpret the verses of the Al-Qur'an regarding the crime of murder? Second, how is the reinterpretation of the verses of the Qur'an regarding the punishment for murder with maʻnā-cum- magzā hermeneutics? Third, how relevant is the principles of restorative justice with the results of the reinterpretation of the verses of the Qur'an regarding the crime of murder? This study concludes that First, the verses of the Qur'an regarding the crime of murder still need to be reinterpreted because the context at the time of revelation was different from that of today. These verses cannot be taken literally and statically. Second, by using the maʻnā-cum-magzā hermeneutic method, the principles of restorative justice contained in the verses of the Al-Qur'an about murder can be explored. The principles of restorative justice excavated from the criminal law on murder are the main basis for solving criminal cases. Third, the relevance of the principles of restorative justice can be seen from the analysis of the keywords 'ufiya, ma'rūf, ihsān, and 'aṣlaḥa. Apology, reparation, and transformation are the principles of restorative justice contained in these keywords. In the end, the reinterpretation of criminal law verses is an effort to comprehend the text contextually without changing the spirit of shari'a, in accordance with the objectives of Islamic law, namely realizing the benefit of mankind.