Comparative Study on the Crime of Ḥirābah According to Imam Abū Ḥanīfah and Imam Syāfi’ī

Abstract

The crime of robbery (ḥirābah) is one of the crimes punishable by punishment (ḥadd). Some of the criminal provisions of ḥirābah by Imam Abū Ḥanīfah and Imam Syafi'i show differences of opinion that can affect aspects of criminal liability for the crime of ḥirābah. For example, regarding the place of ḥirābah, the legal status of ḥirābah perpetrators consisting of several people who conspired, and the legal status of female ḥirābah perpetrators. To be able to understand the two Imams' thoughts, it is necessary to have an in-depth understanding of how the method of determining the law of the two Imam’s is needed. This kind of investigation is done at libraries. Document studies are used as a method of data gathering in this study, and secondary data sources are used as the basis for analysis. The descriptive-analytic and comparative data analysis approach is applied. The findings of this research include First of all, according to Imam Syafii, the letter aw in Surah Al-Māidah verse 33 is meant for clarifications and specifics (bayān wa tafshil), so that punishment must be meted out in accordance with the deeds of Muḥārib. Imam Abū Ḥanīfah contends that since the letter aw is meant to represent option, judges should have the flexibility to select (takhyir) the most fitting sentence. Second, the criminal culpability component of jarmah ḥirābah may be impacted by the disagreement between Imam Abu Hanfah and Imam Syafi'i. Inadequate responses to this issue may leave gaps in the application of non-discriminatory laws.