Konstruksi Normatif Hadd Cambuk dalam Fikih Jināyah: Kajian Perbandingan Mazhab Empat

Abstrak

This study examines the normative construction of the ḥadd punishment of flogging within Islamic criminal law (fiqh jinayah) through a comparative analysis of the four Sunni legal schools, while also exploring its relevance in contemporary legal practice. Employing a qualitative library research method, the study analyzes the methodological differences among the schools in deriving legal rulings, particularly regarding textual foundations, evidentiary standards, constitutive elements of jarimah, and procedural requirements for implementing ḥadd punishments. The findings indicate that the variations among the schools largely revolve around the strictness of evidentiary requirements and the classification of flogging either as a fixed ḥadd punishment or as taʿzir, resulting in differing degrees of judicial flexibility in modern contexts. The study further highlights practical challenges observed in the Aceh case, including procedural constraints, human rights concerns, and the socio-psychological impact on offenders and communities. A maqaṣid al-shariʿah perspective emphasizes that the application of flogging must consider public welfare, proportionality, and the preservation of human dignity. This research concludes that contemporary implementation of the ḥadd of flogging requires harmonizing classical normative frameworks, maqaṣid-based reasoning, and modern legal-human rights standards to achieve a just and effective system of Islamic criminal justice.