Confiscation of Assets as ‘Uqūbah Mālīyah in the Shāfi‘ī Madhhab

Abstract

Asset confiscation is currently a hot topic of discussion in the international space. Many countries are trying to make new rules regarding asset confiscation, such as Indonesia and the Netherlands. This initiative cannot be separated from the United Nations Against Corruption (UNCAC) international convention, which requires all state parties to make their positive law. Islamic law also recognizes the confiscation of assets, especially in the Shāfi‘ī school of thought, which is known to be strict in its determination. Therefore, the main question in this research is how Islamic law, especially the Shāfi‘ī school of thought, views this phenomenon as a law in Islam. This research is normative legal research that focuses on analyzing and interpreting Islamic legal norms to explain the phenome-non of asset confiscation. The results of this study indicate that asset confiscation has begun to be used as the primary punishment in criminal and civil forfeiture models. The Shāfi‘ī school stipulates asset confiscation as ‘uqūbah mālīyah, which can be applied both in violation of God’s rights and human’s rights.