THE GRADUAL PRINCIPLE IN THE IMPLEMENTATION OF QANUN JINAYAT IN ACEH: A PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY

Abstract

This study aims to analyze the gradual principle in the implementation of the Qanun Jinayat in Aceh from the perspective of Islamic legal philosophy. The gradual principle is one of the fundamental doctrines in Islamic law which emphasizes that the implementation of law should be carried out in an evolutionary, adaptive, and contextual manner in accordance with the social conditions of society. In the context of Aceh, the formal implementation of Islamic law began with the enactment of Law Number 44 of 1999 and was further strengthened through Law Number 11 of 2006, which subsequently gave rise to various qanuns, including the Qanun Jinayat as an instrument of Islamic criminal law. This research employs a qualitative method with normative, historical, and philosophical legal approaches. Data were collected through a literature review of legislation, scientific literature, and previous studies. The analysis was conducted descriptively-analytically and interpretatively to understand the dynamics of the application of the gradual principle in legal regulations and practices in Aceh. The results of the study indicate that the gradual principle is reflected in the development of the Qanun Jinayat, which began with limited regulations concerning three types of jarimah in 2003, later evolved into a comprehensive codification in Aceh Qanun No. 6 of 2014, and was further refined through Aceh Qanun No. 12 of 2025. This approach allows for adjustment between sharia norms, social conditions, and human rights principles. Thus, the gradual principle in the Qanun Jinayat functions not only as a strategy for legal implementation, but also as a mechanism for realizing public welfare (mashlahah) and substantive justice. This approach demonstrates that Islamic law in Aceh develops dynamically and contextually within the framework of a modern rule-of-law state.