August 10, 2024AL-MANHAJ Jurnal Hukum dan Pranata Sosial IslamOpen Access

Normative Analysis of Incest Sanctions in Mandailing Customary Law from an Islamic Criminal Law Perspective

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Mandailing customary law punishes incest through village expulsion, which constitutes a comparatively lighter sanction than the penalties prescribed by Islamic criminal law.
Qualitative analysis of interview data reveals that Islamic criminal law assigns the death penalty to married offenders, while unmarried perpetrators face both flogging and exile.
These findings highlight substantial variations in legal decision-making between customary law and Islamic jurisprudence, advancing discourse on dual legal systems in society.

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Qualitative study reveals lighter sanctions for incest in Mandailing customary communities compared to Islamic criminal codes, highlighting divergent normative frameworks.

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Fadilah et al. (2024) studied this question.

synapsesocial.com/papers/68e5cc78b6db6435875632e3 https://doi.org/10.37680/almanhaj.v6i1.5159

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Implication

Qualitative study reveals lighter sanctions for incest in Mandailing customary communities compared to Islamic criminal codes, highlighting divergent normative frameworks.

Normative Analysis of Incest Sanctions in Mandailing Customary Law from an Islamic Criminal Law Perspective

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Discussion

Implication

Cite This Study

Normative Analysis of Incest Sanctions in Mandailing Customary Law from an Islamic Criminal Law Perspective

Key Points

Discussion

Implication

Cite This Study

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