by: Ahmadi Hasanuddin Dardiri (09410551) Introduction Theritical Framework This Paper will examine the article 38 of Surat Maidah, Holy Koran, that is made as the basic of thief punishment in Islam Normative approach an approach which look a religion from the doctrine side and original from God, which inside it there is not a logical human thinking. Historic approach is an approach which look a religion from the historic side, from the nature of doctrine birth concept, the situation when it appear, the doctrine formation process, the doctrine formulation, and the doctrine development . General statement • Islam as the religion has so many punishment in his syari’at, like rajam punished to man who make Zina , qisash to man who kill the other, and Amputation to who stealing. Background Statement • Amputation is the one of punishments written in the holy Koran Al maidah :38 (the man who steals and the woman who steals, cut off the hands of both (a) retaliation for what they do and as a punishment from God. And Allah is Mighty, Wise). Thesis Statement • there are different Implication of Normative Approach and Historic Approach to interpret this Article of the Holy Koran. Normative Approach did the Amputation as the punishment of thief and Historic Approach did imprisonment as the punishment of thief. Explanation Interpretation in the word of “the man and woman Steal” • Normative approach said that all of human that steal out of the limitation formulated in Islam is who is interpret the word of” the man and woman steal” • Historic Approach interpret the word of” the man and woman steal” not only of human that steal out of the limitation formulated in Islam but also who is over 21 years or have out of limitation in Age called by Adult in Ialam • Some historic Approach people interpret this word like the other Historic Approach people, but in some condition all of human cannot be called the thief. Interpretation in the word of “cut” • Normative Approach people said that the meaning of “cut” is the real cut or take a short cut. • Many Historic Approach people give a meaning of “cut” is not the real cut, but he interpret it like taking A right of the people who steals • Some historic Approach people said the meaning of it is the real cut, but the object of this word, cut, is different from the Normative. Interpretation in the word of “the hands” • Normative Approach interpret this word of “the hands” is the hands of man and woman and the ways of cutting hand based on hadist, the first is the right hand, so the left hand and the right of foot, and the left foot. • Historic Approach give the meaning of the hands different than Normative, They interpret that word as the dominance, the freedom and the right of the thief. • Historic Approach interpret this based on the Qur’an “The Hand of Allah is above their hands” and they did not interpret this article the real hand of Allah but the dominance, so he must interpret the “hand” in the article of thief Punishment like this meaning. Conclusion so different of the thief punishment seen by Normative Approach and Historic approach, and the differences of it seen in the 3 word in the article of thief punishment in the holy Koran, Interpretation in the word of “the man and woman Steal”, Interpretation in the word of “cut” and Interpretation in the word of “the hands”. Re statement And no doubt, from this approach we will get the different Implication of thief punishment. Normative Approach did the Amputation as the punishment of thief and Historic Approach did imprisonment as the punishment of thief. Thief punishment in Islam seen by Normative Approach and Historic Approach by: Ahmadi Hasanuddin Dardiri (09410551) Introduction This Paper will examine the article 38 of Surat Maidah, Holy Koran. That is made as the basic of thief punishment in Islam. Normative approach an approach which look a religion from the doctrine side and original from God, which inside it there is not a logical human thinking.Historic approach is an approach which look a religion from the historic side, from the nature of doctrine birth concept, the situation when it appear, the doctrine formation process, the doctrine formulation, and the doctrine development. Islam as the religion has so many punishment in his syari’at, like rajam punished to man who make Zina , qisash to man who kill the other, and Amputation to who stealing. Amputation is the one of punishments written in the holy Koran Al maidah :38 (the man who steals and the woman who steals, cut off the hands of both (a) retaliation for what they do and as a punishment from God. And Allah is Mighty, Wise). there are different Implication of Normative Approach and Historic Approach to interpret this Article of the Holy Koran. Normative Approach did the Amputation as the punishment of thief and Historic Approach did imprisonment as the punishment of thief. Body Interpretation in the word of “the man and woman Steal”, normative approach said that all humans that steal out of the limitation formulated in Islam is who is interpret the word of” the man and woman steal”. Historic Approach interpret the word of” the man and woman steal” not only of human that steal out of the limitation formulated in Islam but also who is over 21 years or have out of limitation in Age called by Adult in Islam. Some historic Approach people interpret this word like the other Historic Approach people, but in some condition all of human cannot be called the thief. Interpretation in the word of “cut”, Normative Approach people said that the meaning of “cut” is the real cut or take a short cut. Many Historic Approach people give a meaning of “cut” is not the real cut, but he interpret it like taking A right of the people who steals. Some historic Approach people said the meaning of it is the real cut, but the object of this word, cut, is different from the Normative. Interpretation in the word of “the hands”, normative Approach interpret this word of “the hands” is the hands of man and woman and the ways of cutting hand based on hadist, the first is the right hand, so the left hand and the right of foot, and the left foot. Historic Approach give the meaning of the hands different than Normative, They interpret that word as the dominance, the freedom and the right of the thief. Historic Approach interpret this based on the Qur’an “The Hand of Allah is above their hands” and they did not interpret this article the real hand of Allah but the dominance, so he must interpret the “hand” in the article of thief Punishment like this meaning. Conclusion so different of the thief punishment seen by Normative Approach and Historic approach, and the differences of it seen in the 3 word in the article of thief punishment in the holy Koran, Interpretation in the word of “the man and woman Steal”, Interpretation in the word of “cut” and Interpretation in the word of “the hands”. And no doubt, from this approach we will get the different Implication of thief punishment. Normative Approach did the Amputation as the punishment of thief and Historic Approach did imprisonment as the punishment of thief.