Search

Law enforcement against exhibitionists is crucial in maintaining public order and morality. This study examines law enforcement against exhibitionists based on criminal law and Islamic criminal law. The research method used is normative legal research with a statute and conceptual approach. The statute approach is employed to review existing laws and regulations. In contrast, the conceptual approach explores the principles of Islamic criminal law related to law enforcement against exhibitionism. The results of this study show that in the context of general criminal law, the Indonesian Penal Code (KUHP) regulates articles that can be applied to exhibitionists. Criminal sanctions stipulated in Articles 281 and 282 of the Penal Code include imprisonment and fines for those who distribute, create, or store obscene images, including those involving exhibitionism. Article 335 of the Penal Code also regulates indecent acts in public, which can include exhibitionism. According to Islamic criminal law, the form of punishment for exhibitionist behavior is jarimah ta'zir. Among the Syafi'iyah and Hanabillah scholars, it is argued that the maximum punishment is ten lashes. Meanwhile, according to the Malikiyyah scholars, the punishment of lashes may exceed this limit as long as it serves a beneficial purpose. This study concludes that law enforcement against exhibitionism requires integrating general and Islamic criminal law to create a balanced legal framework that aligns with societal values. Additionally, the importance of public awareness of the social impact of exhibitionism and participation in law enforcement is emphasized

Children who commit crimes must have their rights protected to ensure their survival and well-being. This study aims to apply diversion regulations in resolving cases of children in conflict with the law at the Women and Children's Services Unit of the Criminal Investigation Department in the Labuhanbatu Police Department to ensure the provision of restorative justice. This empirical legal study collected data through interviews with the Labuhanbatu Police Department. Findings indicate that diversion regulations are detailed in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. According to Islamic criminal law, if a child commits a crime, the punishment should be educational and involve al-shulhu (reconciliation). While diversion is carried out with a restorative justice approach, many juvenile offenses are not entirely diverted and are often processed further in the legal system. The practice of reconciliation for juvenile crimes in Labuhanbatu involves the upah-upah ceremony, which aligns with the concept of al-shulhu. Factors that prevent juvenile offenses from being resolved through diversion include cases of theft, embezzlement, and assault. This study recommends that diversion be mandatory for juvenile offenders at the stages of investigation, prosecution, and trial to resolve juvenile criminal cases

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research aimed to provide efforts to strengthen the law if changes to regulations occur, which must be accompanied by academic and socio-political approaches. In Indonesia, there is a new form of sexual crime whether verbal, non-physical, physical, or online. The prevalence of such incidents reflects a troubling trend that needs urgent attention from both authorities and society. This research was field research, equipped with qualitative data. The data sources included observational research, interviews, and documentation as well as literature studies by reviewing documents relating to criminal sanctions for adultery, especially from the Criminal Code, outside the Criminal Code, and manuscripts of Islamic criminal law. The beneficial theory used was the Al-Būtī version, which emphasized the validity of al-‘uqūbah al-Islāmiyah. The research findings revealed that in the event of changes to criminal law in Indonesia, maslahat considerations are prioritized, particularly in cases of grave sexual crimes, the death penalty should be applied. The government must consider things such as benefits, cultural values, and societal perspectives when making criminal punishment policies. In Indonesia, several backgrounds supported the choice of the death penalty for sexual crimes. The expected benefits are community protection, preventative action, justice for victims, and the elimination of dangerous perpetrators in the future. The legal situation governing sexual crimes in Indonesia is increasingly pitiful, and a change is needed.

This research explores legal issues related to perpetrators of child abuse with a focus on the analysis of the decision of the Kepanjen District Court (Number: 1/Pid.Sus-Anak/2020/PN.KPn). The crime of abuse, which involves an attack on another individual with the aim of torturing or oppressing, has serious implications in criminal law and Islamic criminal law. The research uses a statutory and case approach, exploring normative and doctrinal aspects of Indonesian and Islamic law that are relevant to the case. The main data is obtained from primary legal materials such as the 1945 Constitution, Criminal Code, Law Number 11 of 2012, Law Number 35 of 2014 concerning Child Protection, as well as Islamic legal sources such as the Qur'an and Hadith and also secondary legal materials such as books, articles, journals, and other scientific works. By using deductive analysis, this research aims to provide an overview and solution to legal problems that occur, especially regarding legal protection for minors who commit persecution as a form of defense that causes the death of begal both according to criminal law and Islamic law. This study found that children who commit persecution against begal until they die, both criminal law and Islamic law both agree that minors can only be sentenced as a last resort and must still pay attention to the best interests of the child. In juvenile law, research considers psychological factors, the need for compassion, and rehabilitation efforts to achieve balanced justice. This research contributes to the understanding of criminal law and Islamic criminal law related to cases of sexual abuse, especially those involving underage offenders.

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the pluralistic society as a challenge to the enforcement of Islamic criminal law in Indonesia by examining three major issues: 1) pluralistic society as an integral part of the Indonesian nation; 2) the development of Islamic criminal law within Indonesians' pluralistic society; and 3) pluralistic society as a challenge for Indonesia for the application of Islamic criminal law. This article argues that contextualisation of Islamic criminal law dictated by cultural needs of local communities is necessary to ensure its effective implementation in pluralistic society. Indonesian society consists of complex social groups in terms of religion, ethnicity, culture, and social systems. However, pluralism in Indonesia is a symbol of unity as expressed in the Pancasila's third principle. On the other hand, Islamic criminal law is a part of Islamic religion followed voluntarily by most Indonesians. The establishment of Islamic criminal law in Indonesia has been an ongoing process since the Islamic Sultanate era (the 13th century to the early 20th century), the Dutch colonial era (early 17th century and ended in the mid-20th century), the period of independence, and the reform period in Indonesia. The province of Aceh is the only territory in Indonesia to enforce Islamic criminal law through the Regional Regulations. However, the overall implementation of Islamic criminal law is controlled by a pluralistic society where unwritten Islamic law serves as the basis for the development of national law that binds Indonesian society. [ABSTRACT FROM AUTHOR]

Incestor incestuous sexual relations are acts that are prohibited by law, including customary law and Islamic law. The prohibition of incest in the legal context is categorized as a crime that damages the basic social order of society. This study aims to explore how sanctions are applied to incest perpetrators in the context of Mandailing customary law and Islamic criminal law. This research adopts a qualitative approach in its research methodology. Data was collected using interview techniques extracted from sources in the field. This study concludes that the legal sanction for perpetrators of incest according to Mandailing customary law is by expelling the perpetrator of the crime of incest from his village. According to Islamic criminal law, the sanction imposed on married perpetrators of incest crimes is the death penalty, and unmarried perpetrators are punished by flogging and exile. Compared to Islamic law, the sanctions for implementing customary law in Mandailing can be considered lighter. It is hoped that this study will provide an overview of the variations in decision-making regarding the crime of incest under different laws. This study is also expected to contribute to the development of legal discourse in society, especially customary law on the one hand and Islamic legal perspectives on the other.

This study discusses the concept of restorative justice in Islamic criminal law as an alternative to restorative justice-based dispute resolution. This study is to analyze the concept of restorative justice in the context of Islamic criminal law and identify its potential use as a more just and recovery-oriented dispute resolution method. This research method is a literature study by collecting and analyzing primary and secondary sources related to the concept of restorative justice in Islamic criminal law. This study used a descriptive-analytical approach to understand the essence and principles of restorative justice and how it can be applied in the context of Islamic criminal law. The results of the study show that the concept of restorative justice in Islamic criminal law emphasizes recovery, reconciliation, and reintegration of offenders into society. This approach pays special attention to the needs of victims, encourages their active participation in the dispute resolution process, and involves the community as a key stakeholder. This study also identifies the potential for using the concept of restorative justice in Islamic criminal law as an alternative to resolving disputes. A restorative approach allows the parties involved to reach mutually satisfactory agreements, restore damaged relationships, and reduce the risk of repeat offenses. In conclusion, the concept of restorative justice in Islamic criminal law can be an alternative that has the potential to improve justice in dispute resolution. [ABSTRACT FROM AUTHOR]

Sociology of penal practice has not systematically investigated religion as a powerful cultural element in shaping the criminal justice system in the modern world. Therefore, this study sought to analyze the potential influence of religion on developing penal policies in Iran. The Islamic Revolution of Iran which occurred in 1978-79 led to a great penal revolution based on the Sharia criminal law. This study, therefore, explores such a great penal revolution through the Durkheimian analysis of religion using qualitative analysis of legal documents, reports, and past journals, seeking to discover the religious nature of punishments as rooted in Iranian society itself. Moreover, applying Durkheim's sociological approach to religion, the study attempts to unearth the reason behind the harsh policies adopted in this regard despite their failure in achieving their philosophical and criminological objectives. [ABSTRACT FROM AUTHOR]

Microtransactions are a type of small-scale financial transaction conducted online. With the advent of the internet, trading transactions no longer require direct interaction between the seller and the buyer, as everything is done through online platforms. One form of microtransaction found in games is gacha. The issue of microtransaction gacha arises due to their inherent gambling elements. However, there is a loophole in current criminal law in Indonesia where no specific regulation governs this issue. This research aims to compare the differences in the legal regulation of microtransaction gacha between national criminal law and Islamic criminal law. The research methodology employed is a comparative method with a literature review approach. The findings of this research indicate that there is no specific regulation in national criminal law that categorizes microtransaction gacha as prohibited acts under the law, whereas, in Islamic criminal law, microtransaction gacha fulfill the elements of gambling and are therefore considered haram (forbidden). Therefore it is important to establish a framework of criminal law that regulates gacha systems to minimize the impacts caused by microtransaction gacha. [ABSTRACT FROM AUTHOR]

This article analyses the perspective of Islamic criminal law on domestic violence. It primarily rebuts the assumption that Islam allows a husband to beat his wife to meet the educational obligation to always obey God. Based on the conceptual exploration of the verses in Qur'an, hadith (saying of the Prophet Mohammed) and opinion of scholars, this article argues that the assumption of encouraging the husband to beat the wife is unfounded. This argument is based on the interpretative methodology that meaning of a verse in Qur'an should be understood by taking into consideration the other relevant verses and the overall purpose of Islamic law. When this interpretive methodology is accepted and applied, there is no justification of wife-beating in Islamic law. In this context, the article finds that the Indonesian Law No. 23 of 2004 concerning the Elimination of Domestic Violence is in accordance with Islamic law when it declares domestic violence as ta'zir and its punishment as the rights of the ruler and the judge. [ABSTRACT FROM AUTHOR]

It is possible to follow the change that has occurred in the historical process in the crime of aggravated sexual assault through the definition of the crime and the legal interest that is aimed to be protected by the relevant penal rule. At the stage we have reached, the change experienced can be observed in the old and current Turkish Penal Codes. Comparing the approach of Islamic criminal law regarding the crime of aggravated sexual assault with today's criminal thought shows how striking the change is. The study aims to prove comparatively how the crime of aggravated sexual assault is defined in Islamic criminal law and what legal interest is pursued with this regulation. It is hoped that the study will also be an example of how the phenomenon of change in criminal thinking takes place. The most commonly used terms to express the crime of aggravated sexual assault in Islamic criminal law are al-ikrāh 'alā al-zinā, al-istikrāh 'alā al-zinā, al-zinā karhan and al-ightisāb. The terminology used to specify the crime of aggravated sexual assault seems to be influenced by the fact that the crime is considered as the crime of adultery and also by some jurists as the crime of hirābah. This perception led to the inability to develop a direct and independent term to express the crime of aggravated sexual assault in the classical doctrine of Islamic criminal law. In Islam, sexual intercourse between man and woman is not considered legitimate unless there is a marriage or ownership relation. However, the existence of suspicion of marriage or ownership removes the penalty, even if sexual intercourse constitutes a crime. In Islamic law, same-sex intercourses are completely prohibited with no exceptions. The perception of sexual freedom in today's criminal law does not comply with the principle of Islamic law, 'what is the main in sexual intercourses is not permission, but prohibition'. The objective element of the crime of sexual assault is the act related to the sexual content being perpetrated without the consent of the victim. The crime may be committed by physical violence, threat, or any other means that leaves the victim unable to demonstrate willpower and resist the act of sexual assault. In Islamic criminal law, in order to distinguish the crime of aggravated sexual assault from the crime of adultery, either the term ikrāh/istikrāh/karhan together with the word zinā or the term ightisāb which means direct forced acquisition, is used. In the classical doctrine of Islamic criminal law, the act of aggravated sexual assault is not defined as a separate crime, but is classified in the scope of zinā or hirābah. The inability to define the crime of aggravated sexual assault as a separate crime led to different approaches in the issues of which the sanctions will be imposed on the crime and how the crime can be proven. As for in the Ottoman criminal law, the crime of aggravated sexual assault was mostly regulated by state legislative procedure. [ABSTRACT FROM AUTHOR]

Theft violates both legal and religious norms and it is a crime under Islamic and Indonesian Criminal Law . The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is made to explore the similarities and differences between Islamic criminal law and Indonesian criminal law with regard to theft especially on how this crime defined, the form of punishment , the requirement for imposing the punishments, and how effective are these punishment to deterring people from committing theft. The results of the study show that the use of imprisonment for theft as adopted in the Indonesian Penal Code seems to be ineffective for controlling theft cases. Hadd punishment as introduced in Islamic criminal law seems to be more promising for addressing the increasing number of theft cases. This is so because the application of cutting hand off not only prevents the thief to repeat the crime but also preventing others to do the same. Therefore, both special and general deterrence purposes are satisfied.

Çağdaş ceza hukukunun önemli ilkelerinden biri olarak kabul edilen kusur ilkesi, “kusursuz ceza olmaz. (Latincesi: Nulla poena sine culpa)” anlayışına dayanmaktadır. Kısaca, suçun en önemli iki unsuru olan fiil ile fâili arasındaki mânevî ilişki olarak tanımlayabileceğimiz kusurluluk ceza sorumluluğunun da temeli olarak kabul edilir. Zira bir fiilin suç olma vasfı o fiili işleyen fâilin kusurlu bir hareketi sonucunda meydana gelmektedir. Fâilin hiçbir kusuru olmaksızın meydana gelen fiiller -istisnai haller bulunmakla birlikte- suç olma vasfını kazanmaz. Bu açıdan bakıldığında kusurluluk suçun sübjektif unsurunu teşkil etmektedir. “Kusursuz suç olmaz” prensibinin, batı ceza hukuklarında yerini alması İslam ceza hukukuna göre oldukça geç bir zamanda meydana gelmiştir. Kur’ân-ı Kerim’in nüzûlü ile birlikte özellikle kısas suç ve cezalarında kast-taksir ayrımı yapılmış, kusurluluğun derecelenmesine göre cezalarda da farklılaşma öngörülmüştür. Kusursuz suçun olmayacağı öngörülmesine rağmen işlenen fiil sonucunda meydana gelen zararların telafi edilebilmesi için tazmin yükümlülüğü kabul edilmiştir. Bu itibarla İslam ceza hukukunda kusursuz sorumluluk hükümleri sebep sorumluluğu çerçevesinde tazmin karakterlidir.

This article seeks to uncover criminal sanctions for intentional murder from the perspective of Criminal Law and Islamic Criminal Law. One form of murder that is very detrimental is intentional murder. This type of research is library research, using a normative-juridical approach and the nature of this article is descriptive-analytical-comparative. The research results show that the intentionality element can be seen in the tools used. If the murderer uses a tool or weapon to kill, it includes intentional murder. The purpose of punishment in Islamic law is not only to prevent criminal acts but following the objectives of maqasid as-syari'ah, namely hifz an-nafsi (body-body protection). In Islamic criminal law, the punishment for intentional murder is qişāş, diyat, or ta’zīr, depending on the judge's decision. Meanwhile, the purpose of punishment in criminal law in Indonesia is based on three basic principles of punishment, namely retributive, relative, and combined. In positive law, the punishment for intentional murder, according to Article 340, is the death penalty. This means that there are few similarities between the two Islamic and Positive criminal laws, which open up the possibility of the death penalty being imposed on murderers.

Despite the legislative accuracy in the enactment of laws, there are times when one is unable to enforce two rules of the law at the same time. In these circumstances, it is necessary to clarify which rule the individual will implement. one of the most important issues is the necessity of interpretation of laws, incongruity among the legal provisions which constitute the ambiguity in the manner of law enforcement. incongruity occurs in the implementation phase of the rule, and at this stage they are not aggregated, meaning that it cannot be done at the same time. in the present study, there are various types of incongruity and solutions to solve it with regard to whether there is preferential between the two sides. it also tries to analyze one of the examples of incongruity in criminal law, that is, multiple criminal identities, so that in material multiplicity, as the basis of the legislator is a punishment for two acts of crime, it is accepted as the basis of two offences. it is necessary to obtain a rational method in order to provide coherence within the legal system.

The application of the death penalty for perpetrators of riddah by fuqaha is a problematic violation of human rights. This is because there is no good reason to show that the punishment for riddah is the death penalty. The existence of the hadith which is considered to be the legitimacy of riddah punishment turns out to be very different from the reality of its application in the history of Islamic criminal law. This article aims to answer academic anxiety about the death penalty for perpetrators of riddah as a result of the ijtihad of fuqaha as well as to confirm the construction of its historical reality in state life. This article finds that some verses of the Qur’an and the hadith which are used as legal basis by fuqaha are only understood textually and treated as absolute theological verses and hadiths, but not based on historical evidence. The history of the application of criminal punishment during the time of the Prophet shows that there is no application of the death penalty to the perpetrators of riddah, except riddah which is followed by criminal acts. So it is not solely because of the act of riddah itself, but because of a greater crime against Islam. The implementation of the death penalty for the perpetrators of riddah which is based on textual interpretation of the hadith, thus has the potential to conflict with the principles of human rights and religious freedom which have been regulated in the Qur’an. Contribution: This study enriches perspectives on the meaning of riddah as one of the strategic issues in Islam and shows that a new interpretation of riddah has become an important idea to promote a peaceful and inclusive society and provide access to justice for all.

This research aims to analyze the phenomenon that occurred during the Covid-19 pandemic which required people to work to make money without having to interact directly in the real world. This is what underlies the emergence of creative ideas from content creators who use social media to earn money. One of them is using the elderly as actors in a live streaming video on TikTok media. If seen from the content creator's point of view, it is very profitable, because when the video goes viral and can attract the sympathy of the audience, the audience will not hesitate to give gifts. It's different for the elderly actor who takes extreme measures such as soaking in dirty water and mud for hours just to get sympathy and gifts. The focus of the research is the views of Islamic criminal law and positive law regarding the exploitation of elderly beggars online. This research is library research or what is called normative juridical. The data source used is secondary data. The data collection technique used is document or literature study, then the data is analyzed descriptively qualitatively. The results of the research show that in Islamic criminal law the content creator has committed slavery which ignores the health of the elderly in order to gain profit, so that he can be subject to ta'zir sanctions, namely sanctions given by Ulil Amri or the government. Meanwhile, from a positive legal perspective, perpetrators/content creators of online exploitation of elderly beggars can be sentenced to imprisonment for a minimum of 3 years, a maximum of 15 years. And a fine of at least Rp. 120,000,000.00 (one hundred and twenty million rupiah) and a maximum of Rp. 600,000,000.00 (six hundred million rupiah). Keywords: Exploitation, Elderly, Online Begging, Islamic Criminal Law, Positive Law.

Çağdaş hukuk sistemlerinde kanunların genelliği ile belli bir kişiyi hedef almayan, özel ve ârizî bir durumu değil önceden belirlenmiş, soyut, kapsadığı herkese hitap eden hükümler kastedilmektedir. Bu açıdan bakıldığında kanunun genelliği kanun önünde herkesin eşit olması ile aynı şeyi ifade eder. Ancak çağdaş ceza hukukunda eşitlik ile nispi eşitlik anlaşılıp her şeyi ile eşit olan kimseler arasındaki bir eşitlikten bahsedilebilir. Eşit olmayanların aynı cezai müeyyidelere muhatap olması bu eşitlik anlayışına ters bir durumu meydana getirir. İslam ceza hukukunda kanun önünde eşitlik söz konusu olduğunda bunun cezanın ilgili olduğu hak grubu ile yakından ilgisi olduğu gibi ceza türü ile de ilgisi vardır. Hakların Allah hakkı ve kul hakkı diye iki grupta mütalaa edilmesi sebebiyle kul hakkına ilişkin olan cezalarda eşitlik ilkesine riayet edildiği söylenebilir. Bu alanda da her ne kadar mezhepler arasında farklılık bulunsa da Hanefî mezhebi eşitlik ilkesinin önemli savunucularından birisidir. Ceza hukukunun genel ilkeleri bağlamında İslam ceza hukukunda umumiliğini konu edinen bu çalışma, İslam ceza hukukunda cezalarda umumilik ilkesinin işletilip işletilmediğini, umumiliğe aykırı hükümlerin bulunup bulunmadığını belirlemeyi amaçlamaktadır. Bu çalışmada öncelikle ceza hukukunda genellik ile neyin kastedildiği modern ceza hukuklarından araştırılacak, akabinde İslam ceza hukukunda had, kısas ve ta‘zir ana başlıkları altında cezalarda umumiliğin olup olmadığı değerlendirilecektir.

Copyright of Anaquel de Estudios Árabes is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Ilahiyat Researches / Ilahiyat Tetkikleri Dergisi is the property of Ataturk University Coordinatorship of Scientific Journals and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to comprehensively analyze the concept of alternative punishment in a comparative study of positive law and Islamic criminal law. Currently, imprisonment is still the main choice, causing overcrowding in prisons in Indonesia. Sharp criticism and dissatisfaction with imprisonment have prompted the development of alternative punishments other than imprisonment that are in accordance with the purpose of punishment. This study is a type of qualitative research using data collection techniques through literature studies. The data used in this study was taken from secondary data from various literatures consisting of books, journals, mass media, news, social media related to alternative sentencing. The conclusion of this paper shows that in positive law, alternative provisions for punishment other than imprisonment have been regulated in the Criminal Code (KUHP) and other laws and regulations, including in the form of fines (compensation), rehabilitation sanctions for narcotics abuse cases, and settlement of criminal cases outside the court (APS) by prioritizing the principle of restorative justice, namely peace and forgiveness, for the perpetrators, victims and the community. In positive law, alternative punishment has an ideal concept with the aim of sentencing that leads to recovery, not retaliation. This paper also concludes that in the concept of Islamic criminal law, the provision of alternative punishments contains the principles in maqashid sharia, namely in maintaining religion (al-dîn), soul (al-nafs), offspring (al-nasl), property (al-mâl) and reason (al-aql).

This study was conducted to find out the interpretations of Islamic criminal law verses and to see the polemics which occurred in the applications of Islamic criminal law in Indonesia alongside the harmonization of its applications in Indonesia. This study used a normative-descriptive approach in a way that explained in detail the laws and the verses’ interpretations as well as the polemics of Islamic criminal law in the Indonesia’s positive law. In the context of the development and application of national law in Indonesia, Islamic law is one of the sources adopted. Islamic law itself regulates the vertical relationship with Allah and the relationship with humans. These two relationships have a role in the formation of national law in Indonesia. In terms of applications, Islamic law can contribute to the development of positive law with the following three alternatives: 1) Islamic law which is a continuation of legal politics in the colonial period, either through transitional rules of the 1945 Constitution’s article 2 or by means of being stipulated in the further new legislation, 2) positive Islamic law which is sourced from Islamic values, and 3) the theory of legal leveling. This theory is applied to make Islamic law a source of national law in the future.

The issue of the escalation of crime, which is increasingly varied and is getting heavier, is becoming a global concern. The development and progress of the world seems to have contributed to changes in the type and quality of crime, not only in the form and method, but also in the damage it causes. Crime trends increasingly point to collective crimes, systematic crimes, and crimes with extensive and massive excess damage. This article intends to criticize the systematic change (evolution) that has occurred in the concept of ḥirābah crime in Islamic law from a classical to contemporary perspective. The qualitative analysis of this article is focused on three fundamental issues, namely; ḥirābah interpretation, ḥirābah liability, and ḥirābah punishment. The author reveals in the conclusion that; first, based on its elements and characteristics, the definition of ḥirābah can be expanded to include new types of crimes such as; terrorism, rape, and drug trafficking and smuggling. Second, it is necessary to reconstruct the ḥirābah responsibility theory into a formulation that considers the principle of legal certainty and the principle of equality before the law. The reconstruction model, among others, is the affirmation that all people who involve themselves in the crime are perpetrators of ḥirābah (with an ishtirāk approach). Likewise, reconstruction efforts are needed to enforce equality of accountability between male and female actors. Third, as a serious crime, ḥirābah deserves a severe punishment and has a strong deterrent effect, as offered by Islamic law. However, the opportunity to give dispensation to the punishment will always be open if the perpetrator can prove his seriousness in repenting. [Eskalasi kriminalitas yang semakin beragam dan berat telah menjadi perhatian global saat ini. Pembangunan dan kemajuan dunia berkontribusi pada perubahan pola dan tingkat kriminalitas, tidak hanya bentuk dan cara, tetapi juga akibat yang ditimbulkan. Trend kriminalitas berkembang mulai dari yang berkelompok, sistematis, hingga menyebabkan kerusakan yang masif dan lama. Tulisan ini mengkritisi perubahan sistematis pada konsep jarimah ḥirābah dalam hukum Islam dari pendekatan klasik hingga kontemporer. Analisis kualitatif dalam tulisan ini fokus pada tiga hal mendasar yaitu pemaknaan, pertanggungjawaban dan hukuman ḥirābah. Kesimpulan pertama tulisan ini adalah bahwa definisi ḥirābah berdasarkan unsur dan karakteristiknya dapat diperluas mencakup terorisme, pemerkosaan, perdagangan dan penyelundupan obat-obat terlarang. Kedua, perlu rekonstruksi teori pertanggungjawaban ḥirābah menuju formulasi yang mempertimbangkan kepastian hukum dan kesetaraan hak dimuka hukum. Ketiga, sebagai kejahatan serius, ḥirābah pantas mendapat hukuman berat dan mempunyai efek pencegahan yang kuat seperti halnya dalam hukum Islam. Meski demikian, ada peluang dispensasi hukuman jika pelaku dapat menunjukkan kesungguhan untuk bertobat.]

Copyright of Yıldırım Beyazıt Law Review (YBLR) is the property of Ankara Yildirim Beyazit University Law School and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Islamic criminal law serves as the system related to the legal system of law and Islamic principles. Sharia is the guiding way directly associated with the teachings of the Quran and Sunnah that cannot be challenged and thus are mandatory to follow. The study aims to review Islamic Criminal Law’s execution in the developing Muslim States based on its development and challenges. The paper is prepared based on secondary data such as books, articles, different national and international law reports, and acts. The criminal law of predominantly Muslim states is based on modern contemporary criminal codes. An extreme case of jurist law has been represented through a number of Muslim criminal rules, which describe Islamic criminal law to be shaped and developed by private religious experts as jurist law. Islam identifies privacy rights and sanctity, names, and correspondences of individuals on search and seizures. The study concluded that Islamic criminal law is definitely rooted in the revelations for guaranteeing dignity and appreciation of human life values.

Dhimmis are non-Muslim citizens of the Islamic country. Citizenship is acquired by the people residing in the country by the way of believing in Islam which is based on the administrative system of the state or by committing to the legitimate state order. In this respect, the citizens of the country consist of Muslims and Dhimmis. However, whether the provisions of Islamic law are applied to Dhimmis who are non-Muslim citizens based on their contracts with the state although they do not believe in Islam bring about some questions and problems both practically and theoretically. These questions and problems become more intensified when the provisions of criminal law come to the agenda. Because, according to the belief of the Dhimmis, some actions that cannot be described as crimes or prohibitions have the nature of crime and prohibition in terms of Islamic law. The security of individuals, the fulfillment of their rights and responsibilities, and the provision of justice are important and fundamental issues that the law pays attention to realize. Considering the historical process, if some partial practices are left aside in Islamic societies, it is seen that Dhimmis live in Islamic countries with their rights in the context of their fundamental rights and freedoms. As quoted in classical Islamic law sources, "Our rights, their rights, our obligations are also their obligations". [ABSTRACT FROM AUTHOR]

The issue of the escalation of crime, which is increasingly varied and is getting heavier, is becoming a global concern. The development and progress of the world seems to have contributed to changes in the type and quality of crime, not only in the form and method, but also in the damage it causes. Crime trends increasingly point to collective crimes, systematic crimes, and crimes with extensive and massive excess damage. This article intends to criticize the systematic change (evolution) that has occurred in the concept of Ḥirābah crime in Islamic law from a classical to contemporary perspective. The qualitative analysis of this article is focused on three fundamental issues, namely; Ḥirābah interpretation, Ḥirābah liability, and Ḥirābah punishment. The author reveals in the conclusion that; first, based on its elements and characteristics, the definition of Ḥirābah can be expanded to include new types of crimes such as; terrorism, rape, and drug trafficking and smuggling. Second, it is necessary to reconstruct the Ḥirābah responsibility theory into a formulation that considers the principle of legal certainty and the principle of equality before the law. The reconstruction model, among others, is the affirmation that all people who involve themselves in the crime are perpetrators of Ḥirābah (with an ishtirāk approach). Likewise, reconstruction efforts are needed to enforce equality of accountability between male and female actors. Third, as a serious crime, Ḥirābah deserves a severe punishment and has a strong deterrent effect, as offered by Islamic law. However, the opportunity to give dispensation to the punishment will always be open if the perpetrator can prove his seriousness in repenting. [ABSTRACT FROM AUTHOR]

Copyright of BEÜ Ilahiyat Fakültesi Dergisi is the property of Bulent Ecevit University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Islamic criminal law serves as the system related to the legal system of law and Islamic principles. Sharia is the guiding way directly associated with the teachings of the Quran and Sunnah that cannot be challenged and thus are mandatory to follow. The study aims to review Islamic Criminal Law's execution in the developing Muslim States based on its development and challenges. The paper is prepared based on secondary data such as books, articles, different national and international law reports, and acts. The criminal law of predominantly Muslim states is based on modern contemporary criminal codes. An extreme case of jurist law has been represented through a number of Muslim criminal rules, which describe Islamic criminal law to be shaped and developed by private religious experts as jurist law. Islam identifies privacy rights and sanctity, names, and correspondences of individuals on search and seizures. The study concluded that Islamic criminal law is definitely rooted in the revelations for guaranteeing dignity and appreciation of human life values. [ABSTRACT FROM AUTHOR]

Restorative justice, as a viable alternative to retributive justice, emerged in the West during the 1970s and 1980s. It emphasises respect, dialogue, and collaborative decision-making. This study explains the principles of the restorative justice system and describes various Islamic principles and values akin to restorative justice. Such a study is warranted by the fact that the compatibility of restorative justice with Islamic principles and values is under-researched in the social sciences and humanities. This study, based on primary sources and case studies, found that Islam encourages amicable settlement of disputes through mediation and arbitration while ensuring justice, fairness, and equity in all situations. Similar to restorative justice, Islamic principles emphasise respect, honour and dignity, and mutual obligations and responsibilities in righting wrong. Prophet Muhammad (SAW) and his successors applied these principles, and such a system continues to be practised in certain small villages in contemporary Muslim societies. However, unlike Western restorative justice, Islam places particular emphasis on forgiveness as a value, thus limiting the cycle of retribution and retaliation detrimental to society. Islam considers forgiveness as a great virtue that brings forth gratitude, heals broken relationships, and establishes peace at individual and social levels. Islam aims at constructing a just society which empowers victims, offenders, and the community. Unlike the Western concept of restorative justice, the shariah incorporates elements of restorative justice with a heavy emphasis on forgiveness, with or without an apology. [ABSTRACT FROM AUTHOR]

The punishment for ḥirābah as a ḥadd crime has been prescribed by the Lawmaker in the Qurʻān, in Chapter al-Mā’idah, 33. The provision stipulates four types of punishment, namely; execution, cutting off of hands and feet, crucifixion and banishment. Despite ḥirābah being a serious crime and the only ḥadd crime with four punishments, al-Mā’idah 33 is completely silent about the meaning of ḥirābah, its constituent elements, modes of crime and conditions. This has led the crime being approached either through a restrictive or a permissive manner by Muslim scholars. The objective of this paper is to study the concept of ḥirābah from both perspectives, their justifications and significant impacts on possible application of Islamic criminal law on the subject. This is carried out through careful examination of literature contributed by both classical and modern times. The findings of the study suggest that the restrictive approach considers ḥirābah to be a crime of highway robbery – grave theft – while the permissive approach does not stipulate any particular designation to the crime. Ḥirābah to the latter is of an unlimited crime. Their justifications range from textual to contextual analyzes, application of qiyās and other principles of Islamic jurisprudence. The significant impacts of both approaches are seen on the possible application of ḥirābah; either being a strict or a flexible form of crime, a limited or an unlimited with specified or unspecified types of punishment, involving the application of two witnesses or otherwise and the effect of repentance. [ABSTRACT FROM AUTHOR]

Copyright of Mutefekkir, Faculty of Islamic Sciences is the property of Aksaray University, Faculty of Islamic Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This meticulous work covers the history of legislation during two eras of military juntas in the Sudan: that of Numayrī, who led a coup against the democratic government and ruled from May 1969-April 1985, and of Bashir, who also came to power through a military coup and ruled the country from 1989-2018. This book was published just one year before a popular uprising brought down Bashir’s government. In his search to uncover the politics around Islamic codes, Köndgen used both primary and secondary sources, including court cases he closely reviewed, as well as interviews with lawyers and judges. This book is the most extensive study on the recent Islamic laws in the Sudan. To read the full book review, download the PDF file on the right.

The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.

Abstrak:Institusi Hisbah merupakan sebuah institusi yang bertanggungjawab dalam melaksanakan prinsip al-amr bil makruf wa nahyu anil munkar. Pihak yang menguatkuasakan institusi ini dikenali sebagai Muhtasib. Objektif artikel secara umumnya membincangkan pelaksanaan konsep hisbah dan dakwah secara integrasi dalam prosedur dan modus operandi pencegahan maksiat dan jenayah khalwat di Malaysia. Sehubungan itu, artikel ini akan meninjau bidang tugas dan bidang kuasa bahagian penguatkuasaan dan pencegahan maksiat dan jenayah khalwat di Malaysia serta seterusnya menganalisis aplikasi konsep hisbah dan dakwah di kalangan pegawai penguatkuasa agama di Malaysia. Selain itu, turut membincangkan pendekatan amar makruf dan nahi mungkar dalam kerangka Hisbah yang mengkhususkan kepada operasi pencegahan maksiat dan jenayah khalwat. Kuasa ini diberikan kepada pegawai-pegawai penguat kuasa jenayah syariah di Jabatan Agama Islam negeri-negeri. Bidangkuasa penguatkuasaan jenayah Syariah khusus kesalahan jenayah khalwat adalah tertakluk kepada bahagian penguatkuasa, jabatan agama Islam negeri-negeri. Kajian literatur dan kepustakaan diaplikasikan secara kondusif bagi menjelaskan prinsip hisbah dan dakwah. Selain itu, kajian deskriptif dan analisis kandungan bersifat tekstualiti dilakukan terhadap peruntukan undang-undang terkandung dalam enakmen jenayah syariah negeri-negeri. Selanjutnya, kajian lapangan secara tembual dan observasi tentang aplikasi konsep hisbah di Bahagian Penguatkuasaan Jenayah Syariah, Jabatan Agama Islam negeri-negeri. Analisis perbandingan turut diaplikasi bertujuan untuk mencari persamaan dan perbezaan antara konsep dan realisasi hisbah dan dakwah oleh pihak penguatkuasa jenayah syariah bagi kesalahan khalwat. Umumnya, prosedur dan modus operandi pihak berkuasa dalam mencegah maksiat dan jenayah khalwat perlu memenuhi kriteria amar makruf nahi mungkar dalam kerangka hisbah. Akhirnya, artikel ini menghasilkan cadangan pendekatan alternatif terbaik yang lebih efektif iaitu integrasi hisbah dan dakwah dalam prosedur pencegahan dan penguatkuasaan perundangan jenayah khalwat. Kata kunci: Hisbah, Dakwah, Maksiat, Khalwat, Undang-undang Jenayah Islam. Abstract Hisbah institution is an institution responsible for implementing the principle of al-amr bil makruf wa nahyu anil munkar. The party that enforces this institution is known as Muhtasib. The purpose of this article is to discuss the implementation of the concept of hisbah and da'wah in an integrated manner in the procedures and operation modus in prevention of immoral and criminal of khalwat in Malaysia. In this regard, this article will review the areas of duty and the jurisdiction of the enforcement and islamic criminal in Malaysia and further analyze the application of the concept of hisbah and da'wah among religious enforcement officers in Malaysia. In addition, it also discusses the approach of the good and evil nature of the Hisbah framework which specializes in the prevention of immorality and the crime of khalwat. This authority is given to shariah criminal enforcement officers in the state Islamic Religious Department. The jurisdiction of Shariah criminal enforcement of special offenses against khalwat is subject to the enforcement division, the state Islamic religious department. Literary studies are applied conducive to explaining the principles of hisbah and da'wah. In addition, descriptive and content analysis of textual content is performed on the provisions of the law contained in the syariah criminal enactment of states. Furthermore, field surveys were conducted and observations on the application of hisbah concept in the Shariah Criminal Enforcement Division, the State Islamic Religious Department. Comparative analysis is also applied to find the similarities and differences between the concepts and realization of hisbah and da'wah by the shariah criminal enforcement of khalwat offense. Generally, the procedures and operation modus of the authorities in preventing immoral and criminal of khalwat should meet the criterion of a false morality.Finally, this article produces a more effective alternative approaches that are integration of hisbah and da'wah in the prevention and enforcement procedures of khalwat crime. Keywords: Hisbah, Da’wah, Immoral, Khalwat, Islamic criminal law.

Copyright of Jurnal Ilmiah Islam Futura is the property of Jurnal Ilmiah Islam Futura and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This conceptual study is to review two things. First, the penal mediation concept in perspective of Islamic criminal law. By outlining penal mediation as an alternative to the settlement of a criminal case out of court through a voluntary agreement between the victim and the perpetrator, then, at least, it is in accord with the concept of qishash-diyat and its punishment. Second, the contribution of the core idea of mediation penal in perspective of Islamic criminal law is for criminal law reform in Indonesia. In a review of these studies, the core idea of mediation penal in Islamic criminal law perspective fulfills the philosophical, juridical, and sociological aspects, so that the criminal law reform led to the strengthening and optimizing the penal mediation as an alternative to the settlement of the criminal case. The core ideas are: (1) the existence of penal mediation is necessary to set up first by legislation in Indonesia; (2) not all criminal offenses can be resolved through mediation penal; (3) there is no element of coercion on the involvement of both parties in conducting penal mediation; (4) the compensation agreed upon by the perpetrator and the victim or him/her family shall be given directly to victims or their families and not to the state; and (5) the completion of the criminal case by optimizing the penal mediation can abolish punishment for the perpetrators.

This articlehas done to identifysome similarities and differences between the principles of Islamic criminal law and ones of criminal law in Indonesia. The Differences and similarities among both occurred because each law has different legal sources. Actually, The data presented in this article comes from information sources that relates directly to the Islamic criminal law and positive-criminal law in Indonesia. From this study,we know that there are some principles that are different meanwhile there are also some principlesin both, the Islamic criminal law and the criminal law in Indonesia,nevertheless it does not mean exactlysame because of their applicabilities. As well as the differences of both do not mean absolutely different because of their substances. The same principles amongones of Islamiccriminal law and criminal law in Indonesia, they are the principle of legality, the presumption of innocence and the principle of not retroactivepenalties. Meanwhile, the different principlesamong both are the principle of the prohibition of analogy, the principle of territoriality, the principle of nationality, the principleof personality, the principle of universality, the principle of changes in legislation, the principle of equality in the law and the principle of the prohibition of transferingfaults on others.

Modernity Challenges of Islamic Criminal Law. One of the challenges facing the Islamic criminal law in the era of modernity is the advancement of science and technology in the fields of medicine and human rights. Science and technology can be used as a analysis method in Islamic criminal law, although the concept of human rights in the era of modernity bore dilemma. In this paper, the author examines some contemporary issues associated with Islamic criminal law that is taking khamr, organ transplant technology, DNA tests and modernity that make a misperception in human rights concept.DOI: 10.15408/ajis.v16i2.4456

Abstract: This research reveals that the settlement of criminal cases in Indonesia is at present constructed through criminal justice system organized by the government. The system places abuse of criminal law as an abuse of state concerns, not as a violation to individuals. The formulation and meaning of criminal acts are not viewed as acts of personally and concretely violating the victim’s law concern, but they are seen as the abuse of state norms. Meanwhile, from the model of criminal case settlement in Islamic criminal law, it is found that the arrangement differs from the Indonesian current state of the art. The flow of formal Islamic criminal law provides an opportunity for the victim to prosecute, even to determine the compensation amount. Academically, the formulation of Islamic criminal law possesses a potential of being a reforming model for the setllement of criminal cases in Indonesia.