Abstract

Application qiṣāṣ as one of Islamic law is obligatory like Syāfi’iyah’s and Hanafiyah’s view moreover Khawarij consider the government kafir if they do not apply Islamic law. In fact, qiṣāṣ is not applied in every country in which Moslems live, including Indonesia. The aim of this research is reinterpretation ayat al- Qiṣāṣ QS. Al-Baqarah 178-179 with the maqāṣid al-syarīahand socio-histories approach and its implication for Indonesia criminal law. The result of this research is that qiṣāṣ is wasīlah to achieve ḥifẓ al-nafs aim. Qiṣāṣ choice as wasīlahis influenced Arab civil’s tradition before Islam. Because of it,  qiṣāṣas wasīlah can be changed by Indonesia criminal law that is written in article 338, 339, 340 and 344 KUHP