Abstract
The Qur'an as the main source of law in Islam rules various kinds of criminal offenses and their punishments called Jarīmah. This is relevant to the purpose of God's laws implemented for the benefit and happiness of human beings. This article aims to present the discourse of Islamic criminal law in the Indonesian context. By using library research and content analysis as the analytical knife, this study found that the punishment in terms of the existence of texts in the Qur’an and hadith consists of two kinds. First, the punishments directly mentioned in the text are ḥudūd, qiṣaṣ, diyāt and kafarāt. Second, the punishment uncovered by the text is the ta'zīr punishment. Furthermore, there are four kinds of relations in the punishment, namely; 1) principal punishment, 2) substitute punishment, 3) additional punishment, and 4) complementary punishment. In this study, there are also ten acts that are able to be criminalized with threats of ḥadd and qiṣaṣ punishment, namely zinā, qażf (accusing zinā without evidence), ḥirābah (robbery), sariqah (theft), syurb al-khamr (drinking wine), maisir (gambling), riddah (apostasy), murder, persecution, and al-bugyu (rebellion).
Highlights
The Qur'an is a source of Islamic law that occupies a central position in Islamic studies
Punishment in the Qur'an is oriented towards human problems in this world and in the hereafter
Punishment will be directed at the perpetrator of an act that has been forbidden by Allah, whose prohibition carries a punishment that is determined by Him
Summary
The Qur'an is a source of Islamic law that occupies a central position in Islamic studies. Besides functioning as a guide, it becomes a benchmark and a differentiator between truth and falsehood, including accepting and rejecting any news based on the prophet Muhammad SAW. The legal content of the Qur'an includes the law of worship, family law, inheritance, the law on the property (wealth), exchange, and criminal law ('uqubāt or jinayāt) relating to civil matters.. Islamic criminal law is God's law which contains benefits for human life both in the world and the hereafter. The concept of sharia human rights obligations, namely placing God as the holder of all rights, both those that exist in oneself and those of others.. Everyone is only an executor who is obliged to fulfill Allah's commands. God's command is meant, must be fulfilled for the benefit of himself and others.
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