To see the other types of publications on this topic, follow the link: Computer crimes (Islamic law).
Journal articles on the topic 'Computer crimes (Islamic law)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Computer crimes (Islamic law).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Hasanah, Uswatun. "The Effectiveness Of Islamic Law Implementation To Address Cyber Crime: Studies In Arab, Brunei Darussalam, And China." Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 3, no. 2 (2018): 107–22. http://dx.doi.org/10.22515/alahkam.v3i2.1348.
Full textAbstract:
Technology development cause crime in the world that keep fluctuating and changing. Cyber crime is one of crime activities which takes place in the internet and develop fast globally, even faster than the conventional crime. Cyber crime is not only about computer-crime, cyber-terrrorist, cyber-narco-terrorist, but also capable to make impact toward state economy. This paper aims to understand the implementation of Islamic law or Islamic criminal law to see cyber crime. Islamic criminal law has been developed many years ago before arrival of information technology. This paper describes how Arab, Brunei Darussalam, and China reduce crime by adoption of islamic law. Islamic law what meant here is a law based on Islam, not a law made by Muslims then applied by Muslims. Islamic law can be practiced in every single country, although they don't declare explicitly or they think that what have they done is not islamic law. Islamic law contains general principles to respon and develop efficient ways to overcome cyber-crime.
2
Hasanah, Uswatun. "The Effectiveness Of Islamic Law Implementation To Address Cyber Crime: Studies In Arab, Brunei Darussalam, And China." Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 3, no. 2 (2018): 107. http://dx.doi.org/10.22515/al-ahkam.v3i2.1348.
Full textAbstract:
Technology development cause crime in the world that keep fluctuating and changing. Cyber crime is one of crime activities which takes place in the internet and develop fast globally, even faster than the conventional crime. Cyber crime is not only about computer-crime, cyber-terrrorist, cyber-narco-terrorist, but also capable to make impact toward state economy. This paper aims to understand the implementation of Islamic law or Islamic criminal law to see cyber crime. Islamic criminal law has been developed many years ago before arrival of information technology. This paper describes how Arab, Brunei Darussalam, and China reduce crime by adoption of islamic law. Islamic law what meant here is a law based on Islam, not a law made by Muslims then applied by Muslims. Islamic law can be practiced in every single country, although they don’t declare explicitly or they think that what have they done is not islamic law. Islamic law contains general principles to respon and develop efficient ways to overcome cyber-crime.
3
Al-A`ali, Mansoor. "Computer Crime and the Law from an Islamic Point of View." Journal of Applied Sciences 7, no. 12 (2007): 1558–65. http://dx.doi.org/10.3923/jas.2007.1558.1565.
Full text
4
Nugroho, Irzak Yuliardy. "Sanksi Hukum Kejahatan Peretasan Website Presiden Republik Indonesia." al-Daulah: Jurnal Hukum dan Perundangan Islam 5, no. 1 (2015): 171–203. http://dx.doi.org/10.15642/ad.2015.5.1.171-203.
Full textAbstract:
Abstract: This article discusses about the legal reasoning used by the judges to sanction a criminal law hacking in the website of President of the Republic of Indonesia in State Court of Jember No. 253/Pid.B/2013/PN.JR. The results of the study explained that in Islamic criminal law, there is an element of the crime of access to computer hacking and/or electronic systems belonging to others without permission. This is regulated in article 30 paragraph (1) of act 11 year 2008 on information and electronic transactions which can be analogized as like entering someone else’s home without permission, the act is prohibited by Islam because there are some similarities in its legal argumentation. It is because there is no provision in the text about this criminal act. The criminal act of accessing a computer/electronic systems owned by others without permission in the Islamic Criminal Law (Fiqh Jinayah) can be categorized as jarimah ta'zir submitted to ulil amri, in this case is the government.Keywords: Legal sanctions, crime, hacking website.
5
Yanti, Zikra. "Online Fake News, Indonesia Law and Islamic Perspective." Jurnal Adabiya 23, no. 2 (2021): 165. http://dx.doi.org/10.22373/adabiya.v23i2.9169.
Full textAbstract:
The effects of internet use bring with it many negative aspects linked to online fake news in Indonesia. Indonesia's fight against the spread of online fake news has been going on for many years. However, in 2017, the country experienced the biggest challenges in the bid to battle and resolve the rise of post-truth politics in the country. In addition, the spread of fake news in Islam is prohibited and perspectives from Islamic law equally discouraged the same. There is no harm in making gossip focused on sharing real experiences and emotions but Islam forbids any information being made with the intention of spreading rumors or falsehood. Therefore, the aim of this paper is to discuss online fake news based on Indonesia Law and Islamic Perfectives. The study conducts descriptive analytical literature review methods without using a basic assumption or proposition. Also, the literature used by the author for data collection includes primary and secondary sources from previous studies, such as publications, reference books, online news verification; and ayahs from Qur’an & Hadith that are centered on Indonesia Cyber Crime Law Settings. Cybercriminal offense governed in Law No. 11 Year 2008 on Information and Electronic Transactions (UUITE) relating to online fake news item number one: criminal offenses involved in illegal activities, such as: distribution or propagation, transmission, unavailability of illegal content, including: ethics (Article 27[1] UUITE), gambling (Article 27 [2] UUITE); disrespect or defamation (Article 27 [3] UUITE); outrage or threats (Article 27 [4] UUITE), hoax manipulating and damaging customers (Article 28 [1] UUITE); creates a sense of ethnic hostility-based bigotry (Article 28 [2] UUITE). Equally, online fake news is also not allowed in Islam and that is evident in some ayahs stated in the Qur’an, which among are: Qur’an (49:6) & (24:15). Since online fake news has to do with spreading lie, falsehood, rumors and gossips, Islam condemns all kinds of deceit. Therefore, spreading rumors should not be treated as trivial or casual nor be encouraged as a form entertainment due to the high concerns it can raise and its far-reaching implications.
6
Bagheri, Parviz, and Kamal Halili Hassan. "Data Privacy in Electronic Commerce: Analysing Legal Provisions in Iran." Journal of Politics and Law 9, no. 7 (2016): 133. http://dx.doi.org/10.5539/jpl.v9n7p133.
Full textAbstract:
This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.
7
Kamali```, Mohammad Hashim. "Terrorism, Banditry and Hirabah: Advancing New Shariah Perspectives." ICR Journal 8, no. 1 (2017): 11–34. http://dx.doi.org/10.52282/icr.v8i1.210.
Full textAbstract:
Hirabah is the nearest Shariah legal concept to terrorism. Modern technological change, however, has altered the nature of this crime so much that corresponding adjustments in the law of hirabah are inevitable. Remote control devices, precision device-timing, vastly destructive weapons, and even suicide bombings were not considered by early Muslim jurists in their scholastic articulations of hirabah. The Qur’anic conception of this crime, on the other hand, is broad enough to accommodate the needed adjustments, and which is what this article attempts to do – in other words, to reconnect the fiqh of hirabah to its Qur’anic origins. This is necessary as, in its global reach, the scourge of contemporary terrorism has greatly pained and anguished, not only Muslims, but humanity at large. The nature of the phenomenon before us demands suitable Shariah responses. To facilitate this, we have attempted to comprehend contemporary terrorism in its own terms. The discussion therefore begins by defining terrorism and hirabah. A review of the principal Qur’anic verse on hirabah is presented at the outset and then followed by a review and analysis of the fiqh of hirabah in the expositions of the leading schools of Islamic law. Being one of the prescribed hudud crimes, the Qur’an provides a four-fold punishment for hirabah, but while also opening the prospect of repentance and pardon for its perpetrators under certain conditions, and which Muslim scholars have elaborated upon in their deliberations. Yet what they have said in this regard has naturally been bound by the conditions of their own environment and time. This has involved elements of interpretation and speculative ijtihad. In our own attempt to bridge the gap between the fiqhi conception of hirabah and contemporary terrorism, we look into contemporary opinion and research on this phenomenon so as to encapsulate its salient new features. Terrorism has been overshadowed, to some extent, by the clamour generated by the so called ‘clash of civilisations,’ by Islamophobia and by confrontational politics, at the expense of reflective Shariah responses to issues. Muslim scholars have provided some through the issuance of fatwa and scholarly opinion, which we also review in a separate section below. The article ends with a conclusion and set of actionable policy recommendations.
8
Kamali, Mohammad Hashim. "Debt Management with a Conscience." ICR Journal 1, no. 4 (2010): 697–99. http://dx.doi.org/10.52282/icr.v1i4.710.
Full textAbstract:
The inner stability and resilience of Islamic finance will not hold, and the low risk element therein is bound to diminish unless the shari'ah principles are diligently observed. The world experienced two major financial crises within a decade: the currency and stock market crises of 1997-98, and now a crippling recession that began with the US subprime debacle caused by excessive lending to borrowers unable to make repayment. Both originated in ‘asset bubbles’ and unlimited creation of fiat money that loaded the market with the sale of debts, or bay' al-dayn, as it is known in the jargon of shari'ah law. Dealing in debts that lacked any asset base overwhelmed the financial system.
9
Shah Abd ul Raof and Dr. Muhammad Feroz ud Din Shah Khagga. "The Legal Status Of Electronic Theft In The Light Of The Quran And Hadith, A Research Study." International Research Journal on Islamic Studies (IRJIS) 3, no. 02 (2021): 61–71. http://dx.doi.org/10.54262/irjis.03.02.e05.
Full textAbstract:
Moral values are considered an integral part of every aspect of life, but when they reach the extremes of social degradation and deprivation, they encompass all aspects of life that lead to the emergence of morality and civilization. This kind of dilapidation affects pure scientific tendencies and activities. The tragedy is that when moral and scientific values and traditions are destroyed in the specialized institutions and schools and universities for knowledge, wisdom, and cognition, it’s astonishing. It is a state of moral and mental inferiority beyond which and the concept of decline is not possible. Presenting the intellectual ideas and results of a leading researcher as one's own is called plagiarism in the field of science and research. Electronic theft refers to the theft of information that is available online in which the computer is used as a tool. Stealing data by using information technology devices or forcibly stealing something secure is called electronic theft. Using someone's property without his permission is an undesirable act in Islamic law and seizing someone's property from head to toe is an unforgivable crime. It is illegal in Islamic law to get acquainted with a person's secrets and to spy on his secrets. In this regard, the relevant Shariah point has been clarified in the article.
10
Yusuff, Aminullahi Adetoro. "Implications of Child Custody in Islamic Family Law: A Case Study of Customary Courts in Oyo State, Nigeria." ICR Journal 9, no. 3 (2018): 362–76. http://dx.doi.org/10.52282/icr.v9i3.105.
Full textAbstract:
Studies carried out to investigate the immediate and remote causes of marital discord arising from many of the customary courts in Oyo State, Nigeria, revealed that out of 127 divorce-related cases, 87 involved Muslim couples. Out of this number, 53 were linked to custody of children (al-hadanah which is a regulation that has to do with whom should a child stay after the dissolution of marriage for his/her proper nourishment, protection and wellness in the process of upbringing). This issue has led to many serious disputes among Muslim couples and their families in many localities of the state so much that, in many cases, it has led to street fights, vandalisation of property, civil unrest and legal battles. To worsen the situation, without recourse to Islamic marital jurisprudence, judgments are passed in the customary courts in favour of either of the couples. Therefore, the aftermath of the court verdict does not end this debacle in some cases, with to snowballing into spiritual fighting, where family members of the couples bewitch one another to take custody of the children. This problem is not new but it has risen to an alarming proportion these days. It is against this backdrop that an attempt is made in this paper to examine the practice of child custody after divorce or separation in Islam with a view to laying to rest the series of crises associated with the determination of who is to take care of children after divorce and to bring to peoples awareness the shariah rulings on child custody. The paper concludes that al-hadanah is a measure in disguise to safeguard indiscriminate severance of the cord of marriage and that Islam, through its system of law, has provided practical and lasting solutions to every imagined and real problem of man and that adoption of children in its various forms and types is forbidden in Islam.
11
Adiyanto, Rahmad. "Analysis of the Return of Evidence 220 to 258 in Decision Number 1240/Pid.sus/2022/PN.Tng With the Defendant Indra Kusuma or Indra Kenz (Perspective of the Principles of Justice, Benefit, and Al-Maslahah)." Jurnal Hukum Ekonomi Syariah 7, no. 01 (2023): 33–43. http://dx.doi.org/10.26618/j-hes.v7i01.11281.
Full textAbstract:
On August 14, 2022 the judge at the Tangerang district court stated that the defendant Indra Kusuma or Indra Kenz had spread false news which resulted in consumer losses in electronic transactions and money laundering, sentenced the defendant Indra Kenz to 10 years imprisonment and a fine of 10 billion, provided that if the sentence is not paid, it will be replaced with confinement for 10 years 2 months, and so on. Interestingly, in this decision the judge disagreed with the public prosecutor regarding the return of evidence number 220-254 to the victim-witness through the United Indonesian Traders Association because the goods were the result of a crime. Therefore the purpose of this study is to analyze aspectsal-'is (justice) andal-maslahah(benefits) viewed from the side of the victim and the accused. This research is a normative research with a normative juridical approach. This research uses secondary legal materials in the form of decisions 1240/Pid.sus/2022/PN.Tng, related laws, legal theories, theoriesal-'is, and theoryproblem. The research results show The judge's decision regarding the refusal to return evidence number 220-258 violates the principles of certainty, expediency and benefit in Islamic law. The researcher's solution is that the judge should select which evidence belongs to the victim and should return it to the victim.
12
Ameen, Dr Zainab, and Sana Zia. "Criminal Force: Review of Islamic Law in Contemporary Context." Fahm-i-Islam 3, no. 1 (2020): 19–38. http://dx.doi.org/10.37605/fahm-i-islam.3.1.2.
Full textAbstract:
Like the limits of crime, crimes against human life and body are also very dangerous in terms of their effects, so the Qur'an has fixed their punishment for them. Islamic law has set specific punishments for it, and it does not allow any kind of crime to be reduced. These crimes have schakled the very basis of society and they have to be dealt with severely. The basic elements of society are the need to protect the structures on which the lives and deaths of society depend. These crimes can be basically divided into two types: 1.Crimes against human beings (e.g. murder) 2.Crimes against the human body. There is a long way to go around, and in the meantime, this kind of research is needed, the seriousness of which is far greater than the rest of researches. This article examined the crimes against humanity in the light of Islamic law.
13
Thorik, Achmad, and Maula Nida. "KEJAHATAN SEKSUAL DAN HUKUM ISLAM." SUPREMASI HUKUM 18, no. 2 (2022): 12–22. http://dx.doi.org/10.33592/jsh.v18i2.2510.
Full textAbstract:
Sexual crimes have many types and terms. In addition, cultural differences can create different perceptions of sexual crimes. This article discusses how western views and Islamic views detail the types of sexual crimes. This study uses a philosophical normative approach, comparative analysis method, and qualitative research methods of literature in fiqh and zawajir books. Then the results are compared with various types of sexual crimes in Western terms. Through it, the meeting points and differences between the two views made clear and solutions to understanding unwritten Islamic law. It is important for adherents of these two views to understand each other before having a dialogue on deeper themes.
 Keywords: Sexual crimes; Islamic law; western law
14
طيب, پوهنمل عبدالوهاب, and پوهنيار رازمحمد شيرزاد. "Interference between Punishments for Several crimes in Islamic Jurisprudence and the Afghan Penal Code." ghalib quarterly journal 13, no. 2 (2024): 67–80. http://dx.doi.org/10.58342/ghalibqj.v.13.i.2.4.
Full textAbstract:
It has been recognized in Islamic law and statutory laws that the penalties for different crimes overlap. Punishing the perpetrator of multiple crimes for a crime is considered an overlap in punishments. This research aims to apply the punishment on the criminal in the case of several crimes, as it shows the supremacy of Islamic law and its leniency towards its followers and criminals. The necessity of this research is that the intersection of punishments clarifies the aspects of pardon and facilitation in Islamic law for people who do not know the truth of Sharia law, as well as the provisions of Islamic jurisprudence in the Afghan penal code. The provisions are intended to clarify the agreement. In this research, an analytical and descriptive research strategy was chosen, and the writings of contemporary and previous jurists were studied. The jurists mentioned the intersection of punishments in their writings. The results of this study show that according to Islamic jurists and the provisions of the Afghan Penal Code, it is possible to determine punishment for several crimes, and several crimes are considered as one crime. The results of this research show that according to Islamic jurists and the provisions of the Afghan Penal Code, it is possible to determine punishment for several crimes, and several crimes are considered as one crime. If the mentioned cases differ, the penalties will not overlap.
15
Rahman, Sami Ur, and Ms Syeda Sughra Shah. "The Command Responsibility in International Criminal Law and Islamic Law: A Comparative Study." Journal of Law & Social Studies 4, no. 2 (2022): 316–26. http://dx.doi.org/10.52279/jlss.04.02.316327.
Full textAbstract:
During armed conflicts, it is witnessed that civilians are subject to inhumane treatment by the members of the opponent’s armed forces. They become victims of torture, persecution, molestation, biological attacks, enforced prostitution, slavery, and rape. These are the frequent crimes whose commission takes place during a conflict mostly when the territory has been occupied by the forces of an adversary state. These crimes are chiefly committed by the subordinates, as the commanders would not participate in the actual combat in many instances. In International Criminal Law, the doctrine of command responsibility plays an imperative role, in determining and prosecuting the perpetrators of these crimes. According to ICL, “A Commander shall be held criminally responsible for the acts of his subordinates if he had the effective control and was in the authority to punish or prevent them”. However, according to Islamic principles, “a leader shall be held liable for the acts of those whom he led”. The aim of this research is to compare the concept of command responsibility in Islamic Law and ICL. In addition, it examines the different perpetrators' prosecution modes under ICL and Islamic Law. It will further inquire into the status of subordinates in both Islamic Law and ICL. This research paper will be based on doctrinal research methodology. The data would be collected from international treaties, conventions, and sources of Islamic Law.
16
Imron, Virgin Muthia, Febrian Arif Wicaksana, and Arif Dian Santoso. "NECROPHILIA IN PERSPECTIVES OF INDONESIAN POSITIVE LAW AND ISLAMIC LAW." Journal of Indonesian Comparative of Syari'ah Law 6, no. 2 (2024): 167–86. http://dx.doi.org/10.21111/jicl.v6i2.10487.
Full textAbstract:
Abstract
 Necrophilia is one of the sexual crimes committed against corpses. In Indonesia, no law regulates the prohibition of Necrophilia. Meanwhile, Islam has specific and detailed laws governing Necrophilia, and most Indonesian people are Muslim so that it can be used as an illustration in the formation of positive law in Indonesia. Strengthen the judge's view of necrophilia perpetrators by implementing rechtvinding through various methods. From this background, in this study, there are two problem formulations. First, how is the necrophilia law in positive Indonesian law? Second, how is the law of Necrophilia in Indonesia from the perspective of Islamic law? This research aims to enforce the law, to reduce necrophilia crimes, and to create the deterrent effect.
 The research method used is normative juridical. The author uses literature research, statutory approaches, and comparisons between Islamic and positive Indonesian law. Followed by the documentation of study data collection techniques and qualitative data analysis techniques, followed by a deductive mindset. So that a theoretical basis can be formed, that, Necrophilia is reviewed in positive Indonesian law and Islamic law, and analysis of Necrophilia in positive Indonesian law and Islamic law.
 This study concluded that regarding positive Indonesian law, there are no rules that specifically regulate Necrophilia, as for some regulations that can be imposed in the form of criminal law in accordance with previous crimes such as murder, immorality, and others that can be imposed by judges. As for according to Islamic law, it can be imposed ta'zir or had.
17
Munir, Muhammad. "Suicide attacks and Islamic law." International Review of the Red Cross 90, no. 869 (2008): 71–89. http://dx.doi.org/10.1017/s1816383108000040.
Full textAbstract:
AbstractSuicide attacks are a recurrent feature of many conflicts. Whereas warfare heroism and martyrdom are allowed in certain circumstances in times of war, a suicide bomber might be committing at least five crimes according to Islamic law, namely killing civilians, mutilating their bodies, violating the trust of enemy soldiers and civilians, committing suicide and destroying civilian objects or properties. The author examines such attacks from an Islamic jus in bello perspective.
18
Naro, Wahyuddin, Abdul Syatar, Muhammad Majdy Amiruddin, Islamul Haq, Achmad Abubakar, and Chaerul Risal. "Shariah Assessment Toward the Prosecution of Cybercrime in Indonesia." International Journal of Criminology and Sociology 9 (April 5, 2022): 572–86. http://dx.doi.org/10.6000/1929-4409.2020.09.56.
Full textAbstract:
This research aims to uncover how Islamic criminal acts towards social media crimes. This study also elaborates on how Islam assesses Indonesian criminal prosecution against social media crimes. The approach used is a juridical normative to assess the criminal law system in force in Indonesia with the Islamic criminal perspective as grand theory. The results found that crime through social media was adapted with the crime in Islamic law namely Hudūd, qisas diyat and tazir. This research also found that the Indonesian legal system provides legal rewards for perpetrators of crimes through social media charged with the Information and Electronic Transactions (ITE) Law still needs to be expanded. Crimes through social media most often threatened by the ITE Law are insults to the government or symbols of the state, threatening and defamation of others, insults to others and violating SARA (ethnicity, religion, race and intergroup). Cybercrimes related to adultery, alcoholism and terrorism must be considered because they are a serious threat. Prison penalties and fines that are most often sentenced to perpetrators of social media crimes include part of criminal tazir which is following Islamic criminal law.
19
Mallat, Chibli. "Mapping Saudi Criminal Law." American Journal of Comparative Law 68, no. 4 (2020): 836–92. http://dx.doi.org/10.1093/ajcl/avaa032.
Full textAbstract:
Abstract This Article maps the criminal law system in Saudi Arabia. Saudi Arabia enacted a criminal procedure code in 2001, but it lacks a comprehensive penal code, relying instead on (i) identifications of certain acts as violations of the law (from public behavior to matters of the state administrative cogwheel) scattered in various pieces of legislation and (ii) the classical Islamic legal tradition’s classification forming a criminal Islamic common law which is organized into (a) “set punishment” prescribed crimes (hadd, plural hudud), (b) crimes left to the court’s discretion (ta‘zir), and (c) two other forms of “violations of the body” with their own legal regime (qisas/retaliation and diya/blood money). The Article is based on extensive case law released by the Saudi Ministry of Justice.
20
Rahmawati, Rahmawati, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji, Sulistiyanta Sulistiyanta, and Muhammad Abdillah. "Disparitas Hukum Pidana Terhadap Pelaku Kekerasan Seksual Pada Anak." Al-Istinbath: Jurnal Hukum Islam 8, no. 2 November (2023): 667. http://dx.doi.org/10.29240/jhi.v8i2.7379.
Full textAbstract:
This research aims to elucidate how criminal law disparities against perpetrators of sexual violence against children manifest based on Islamic law in Indonesia. The legal disparities indicate that child victims of sexual violence have not received comprehensive legal justice. This study adopts a qualitative descriptive approach, collecting data through exploration and reading online media with the keywords 'sexual violence against children in Indonesia' on the Google search engine. This paper reveals that legal imbalances have undermined the value of justice for child victims of sexual crimes, affecting them both psychologically and physically, and leading to other consequences such as dropping out of school, forced marriage to the perpetrator, and suicide. This study is crucial to bring about justice based on Islamic law for child victims of sexual crimes, juxtaposed with Pancasila justice. It highlights that the criminal legal disparities in cases of sexual violence consistently place children as the disadvantaged objects of legal justice. True legal inequality would not occur if the application of the law is based on Islamic Law grounded in divine values, as the punishment for perpetrators of sexual violence in Islam can be judged as hudud crimes, qhisas crimes, and ta'zir crimes.
21
Jaenudin, Jaenudin, and Rasyida Rofiatun Nisa. "Islamic Criminal Law Analysis of Cyber Crimes on Consumers In E-Commerce Transactions." Eduvest - Journal of Universal Studies 1, no. 4 (2021): 176–81. http://dx.doi.org/10.36418/edv.v1i4.33.
Full textAbstract:
The purpose of this research is to study cyber crime in e-commerce transactions from the perspective of Islamic criminal law and how to deal with cyber crimes that harm consumers in e-commerce transactions according to the analysis of Islamic criminal law. This research is a normative legal research where laws are conceptualized as written regulations, or laws are conceptualized as rules or norms, the latter being a benchmark for human behavior, and considered appropriate to review written regulations. The results showed that cybercrime is a form of crime in the modern era. Therefore, according to the analysis of Islamic criminal law, cyber crimes can be punished by Ta'zir. For Syrians, ta'zir is a sanction based on disobedience, because it does not explicitly state the crimes contained in the Koran and Hadith.
22
Jaenudin, Jaenudin, and Rasyida Rofiatun Nisa. "Islamic Criminal Law Analysis of Cyber Crimes on Consumers In E-Commerce Transactions." Eduvest - Journal of Universal Studies 1, no. 4 (2021): 176–81. http://dx.doi.org/10.59188/eduvest.v1i4.33.
Full textAbstract:
The purpose of this research is to study cyber crime in e-commerce transactions from the perspective of Islamic criminal law and how to deal with cyber crimes that harm consumers in e-commerce transactions according to the analysis of Islamic criminal law. This research is a normative legal research where laws are conceptualized as written regulations, or laws are conceptualized as rules or norms, the latter being a benchmark for human behavior, and considered appropriate to review written regulations. The results showed that cybercrime is a form of crime in the modern era. Therefore, according to the analysis of Islamic criminal law, cyber crimes can be punished by Ta'zir. For Syrians, ta'zir is a sanction based on disobedience, because it does not explicitly state the crimes contained in the Koran and Hadith.
23
Yasir, Moh, Joko Widodo, and Ali Ashar. "Islamic Law and National Law (Comparative Study of Islamic Criminal Law and Indonesian Criminal Law)." Al Hurriyah : Jurnal Hukum Islam 6, no. 2 (2022): 82. http://dx.doi.org/10.30983/alhurriyah.v6i2.4952.
Full textAbstract:
<p><em>The Indonesian state, although the country is not an Islamic state, but in terms of Islamic legal values, both partially and completely, which are the substantive norms in various laws and regulations in Indonesia, such as the Marriage Law, Waqf Law, Hajj Law, Banking Law (both Law No. /1998 as well as Law 21/2008). The Islamic criminal law that has been implemented is in the Province of Aceh Darus Salam, which is only a small part. This study aims to determine the description of Islamic law, Islamic criminal law, and to determine the purpose of Islamic law and Indonesian criminal law. This study uses a qualitative method with a normative juridical approach. The results of the study indicate that Islamic law is a set of regulations based on the revelation of Allah and the sunnah of His Messenger regarding the behavior of the mukallaf human which is recognized and believed to be valid and binding for all Muslims who are Muslims with legal sources or arguments originating from the Qur'an, Sunnah Prophet, and Ra'yu/ Ijtihad. While Islamic criminal law is the law that regulates crime and its sanctions, with the aim of preserving human life in their religion, themselves, their minds, their assets, their honor and the relationship between the perpetrators of crimes, victims and society. Islamic law itself aims to realize or realize and maintain the benefit of humans in this life (world) in order to obtain happiness in this world and in the hereafter. Meanwhile, Indonesian criminal law aims to prevent crimes and violations of the law and provide a deterrent effect for perpetrators of criminal acts</em>.</p><p><em>Negara Indonesia walaupun negaranya bukan bentuk negara Islam , namun secara nilai-nilai hukum islam baik sebagian maupun seluruhnya yang menjadi norma substantif dalam berbagai peraturan perundang-undangan di Indonesia seperti hal UU perkawinan, UU Wakaf, UU Haji, UU Perbankan (baik UU No 10/1998 maupun UU 21/2008). Adapun hukum pidana Islam yang sudah menerapkan adalah di Provinsi Aceh Darus Salam yang baru sebagian kecil saja.</em><em> </em><em>Penelitian ini bertujuan untuk mengetahui gambaran hukum Islam, hukum pidana Islam, dan untuk mengetahui tujuan hukum Islam serta hukum pidana Indonesia. penelitian ini menggunakan metode kualitatif dengan pendekatan yuridis normatif. Hasil penelitian menunjukkan bahwa hukum Islam adalah seperangkat peraturan berdasarkan wahyu Allah dan sunnah Rasul-Nya mengenai perilaku manusia mukallaf yang diakui dan diyakini sah dan mengikat bagi seluruh umat Islam yang beragama Islam dengan sumber atau dalil hukum yang bersumber dari Al-Qur'an, Sunnah Nabi. , dan Ra'yu/ Ijtihad. Sedangkan hukum pidana Islam adalah hukum yang mengatur tentang kejahatan dan sanksinya, dengan tujuan untuk memelihara kehidupan manusia dalam agamanya, dirinya, akalnya, hartanya, kehormatannya dan hubungan antara pelaku kejahatan, korban dan masyarakat. . Hukum Islam sendiri bertujuan untuk mewujudkan atau mewujudkan dan memelihara kemaslahatan manusia dalam kehidupan (dunia) ini agar memperoleh kebahagiaan di dunia dan di akhirat. Sedangkan hukum pidana Indonesia bertujuan untuk mencegah terjadinya kejahatan dan pelanggaran hukum serta memberikan efek jera bagi pelaku tindak pidana</em>.</p><p> </p>
24
Ansar, Moh, Suhri Hanafi, Sitti Nurkhaerah, Wahyuni Wahyuni, and Taufan B. "TINJAUAN YURIDIS SANKSI ADAT KAILI RAI TERHADAP PELAKU PELECEHAN SEKSUAL." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 1, no. 1 (2020): 37–51. http://dx.doi.org/10.24239/comparativa.v1i1.3.
Full textAbstract:
The problem of how castration sanctions for perpetrators of crimes of sexual violence against children in the perspective of positive law in Indonesia and how Islamic criminal law views castration as a sanction are the focus of the problem in this study. The research method consists of the type of research, data and data sources, data collection techniques and data analysis techniques using a qualitative research approach. Then, as a result of the research, there are differences in Islamic law among scholars regarding the punishment of castration Law Number 17 of 2016 Regarding the stipulation of PERPU Number 1 of 2016 Second Amendment to Law Number 23 Year 2002 Concerning Child Protection Becomes Law against perpetrators of sexual crimes against children, and Islamic law has stipulated penalties for perpetrators of sexual crimes in detail of the facts of their actions, so they cannot (haram) carry out the type of castration punishment in accordance with the argument, namely the hadith of the Prophet Muhammad saw., which prohibits his companions from being castrated.
25
Rahman, Inayatur. "Tinjauan Filsafat Hukum Islam terhadap Pelaksanaan Remisi bagi Pelaku Tindak Pidana." Al-Jinayah Jurnal Hukum Pidana Islam 6, no. 1 (2020): 84–116. http://dx.doi.org/10.15642/aj.2020.6.1.84-116.
Full textAbstract:
The paper aims to examine the perspective of Islamic legal philosophy on the implementation of Remission in terms of legal principles and justice. There are three conclusions from this article. Firstly, good behavior which is a requirement for a criminal to receive remission cannot be named as the concept of repentance in Islamic law. Secondly, the remission given to the perpetrator is not based on the principles of law and justice in Islam. Thirdly, it is suggested that Presidential Decree No. 174 of 1999 concerning Remission needs to be reviewed by distinguishing the types of crimes committed, so that justice, peace, and benefit for the community can be obtained. Even so, it should be noted that based on the philosophy of Islamic law, remission which is given to the criminals (convicts or child criminals) who have committed serious human rights crimes, corruption, drug dealers, murder, and transnational crimes, etc. is not following the principles of law, justice and benefit.
26
Anggraini, Meli Dwi, Siti Zailia, and Armasito Armasito. "Sanksi Terhadap Pelaku Kekerasan Pada Anak Yang Mengakibatkan Luka Berat." Muqaranah 7, no. 1 (2023): 25–34. http://dx.doi.org/10.19109/muqaranah.v7i1.16960.
Full textAbstract:
Recently there has been frequent violence against children which of course violates children's rights. Various types of violations against violence against children seem to assume that children do not have rights to be protected. The main problem of this research is how to study Islamic law and positive law against sanctions on juvenile crimes that result in serious injuries in Decision Number: 1961/Pid.Sus/2016/PN .Plg. The purpose of this research is to examine the sanctions for perpetrators of crimes against children both in terms of Islamic law and positive law. The type of research used is literature (library research) which is analyzed using descriptive analysis techniques. The approach method is comparative, namely comparing Islamic law and positive law regarding sanctions for perpetrators of child crimes. The results of this study reveal that the judge's considerations in convicting criminals against perpetrators of violence against children who cause serious injuries in Decision Number: 1961/Pid.Sus/2016/PN .Plg. That is, the judge has first considered the facts at trial. In Islamic criminal law, criminal acts are punished with ta'zir, that is, in accordance with the actions and the decision is left to the ruler's policy or law. The difference between the two laws is that the witness imposed on the perpetrators of abuse according to law number 13 of 2014 is in the form of imprisonment, whereas in Islamic law it is in the form of qishas, diyat and ta'zir punishments.
27
Ahmad, Nisar, та Muhammad Anees. "تعزیری جرائم کےلئے سزاکا قیام: ایک شرعی جائزہ". Al-Duhaa 1, № 02 (2021): 103–18. http://dx.doi.org/10.51665/al-duhaa.001.02.0035.
Full textAbstract:
Islam is the religion of peace. Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace. According to Islamic law, the punishments can be classified under three main categories: Al-Hudud (fixed punishments), Al-qisas (Retaliation), and Al-Taazir (discretionary). Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it. The second is Qisas, which means the equal retaliation of an aggression committed against the body of a person. The third Kind of Islamic legal punishment is Taazir, it means, a crime for which The Holy Quran and Sunnah have not fixed any punishment, instead, have left it to the discretion of the judges.
 But in the recent era, many of the Muslim countries don’t leave the punishments of the penal crimes (Taaziraat) to the discretion of the Judges, each Muslim state restrict the rights of the Judge to give punishment at his own’s discretion, and legislating for the punishments of penal crimes (Taaziraat), and make the Judges abide by a particular measure of punishment for penal crimes (Taaziraat).
 In this articles, we will analyze the above mentioned issue in the light of Islamic principles, that what, it is lawful for any Muslim state to legislate for the punishment of penal crimes or not?
28
Siregar, Fitra Amalia, and Fatahuddin Aziz Siregar. "Sanksi Adat Dalam Tindak Pidana Perjudian Di Desa Gunung Hasahatan (Perspektif Hukum Pidana Islam)." Jurnal El-Thawalib 3, no. 5 (2022): 872–83. http://dx.doi.org/10.24952/el-thawalib.v3i5.6204.
Full textAbstract:
Gambling is to risk a certain amount of money or treasure in a guessing game based on chance, with the aim of obtaining an amount of money or treasure that is greater than the original amount of money or treasure. Gambling is regulated in Article 303 of the Criminal Code and the basis for the prohibition of gambling in Islamic Law is contained in the Qur'an surah al-Ma'idah verse 90. The formulation of the problem from this study is how customary sanctions in gambling crimes in Gunung Hasahatan Village, how to review Islamic Criminal Law against customary sanctions in gambling crimes in Gunung Hasahatan Village. The purpose of this study is to find out how customary sanctions in gambling crimes in Gunung Hasahatan village, to find out the review of Islamic criminal law against customary sanctions in gambling crimes in Gunung Hasahatan Village. The theories used in this study are theories related to gambling, gambling articles in the Criminal Code and gambling in Islamic Law. Furthermore, the type of research used is field research. The results of the research obtained that, customary sanctions in gambling crimes in Gunung Hasahatan Village, Padangsidimpuan Batunadua District, Padangsidimpuan City, were given included in the category of ta'zir law. As for the punishment has been determined by the Gunung Hasahatan Village Apparatus through the way of deliberation, the punishment of ta'zir is given because it is in accordance with the principles of ta'zir punishment in the Islamic Criminal Law. The punishment of ta'zir is a punishment that is left to the leader. Both its determination and its implementation. The punishment in Gunung Hasahatan Village has the same purpose or ideal as the ta'zir punishment, which is to make the perpetrator of the crime deterrent and will not repeat his actions again and become a lesson for others as a prevention in the occurrence of criminal acts and the realization of security, peace and tranquility.
29
Syafii, Ahmad. "CRIMINAL ACT OF THEFT IN PENAL CODE PRESPECTIVE AND ISLAMIC LAW." Tadulako Law Review 2, no. 2 (2017): 140. http://dx.doi.org/10.22487/j25272985.2017.v2.i2.9259.
Full textAbstract:
Crime is regulated in Indonesian Criminal Code or positive law has been classified into several types of theft crimes, ranging from theft of ordinary crimes (Article 362 of the Criminal Code) punishable with imprisonment of five years, the crime of theft by weighting (Article 363 of the Criminal Code) punishable by a maximum imprisonment of seven years, minor theft crimes (Article 364 of the Criminal Code) punishable with imprisonment of three months, theft and violent crime (Article 365 of the Criminal Code) threatened with imprisonment of twelve years, the crime of theft in the family (Article 367 of the Criminal Code) is absolutely not possible prosecution. In Islamic criminal law, crime is known as jarimah. Jarimah is any Syara’ prohibition which had been threatened with had punishment or ta’zir. Therefore in jarimah theft included under Islamic criminal law may be using cut hands had punishment {Surah Al-Maidah (5): 38}. Had punishment by cut the and is applied when reaching a predetermined nishab, while ta’zir law done if not fulfilled the terms of theft that requires had punishment.
30
Noor Rizky, Ahya Maulida, Nur Mardia, and Nasrudin Nasrudin. "Toxic Relationships in Islamic Law." Medina-Te : Jurnal Studi Islam 19, no. 2 (2023): 122–33. http://dx.doi.org/10.19109/medinate.v19i2.20280.
Full textAbstract:
Islam clearly prohibits acts of violence. Toxic relationships are part of violence, whether physical, sexual, or verbal. Therefore, in this research, the author tries to explain toxic relationships from the perspective of Islamic law. This research is a type of literature research whose data sources are articles from journals, books, and documents related to toxic relationship issues. The results of this research show that physical violence is a criminal act (jarimah) and criminal acts against other than the soul in Islamic criminal law. The punishment for perpetrators of crimes other than life is: The main punishment is qishas. Furthermore, sexual violence is also prohibited in Islam because this act does not reflect human values, let alone Islamic values, because it does not contain good relationships (mu'asyarah bi al-ma'ruf). Lastly, verbal or psychological violence in relation to one's partner is the Prophet's prohibition on saying 'al-qubh', or bad things, towards one's wife. The word 'al-qubhu' etymologically means the opposite of good or beautiful (hasan) and can be attributed to a physical description or action.
31
Hassanein, Ahmed Samir. "The Impact of Islamic Criminal Law on the Qatari Penal Code." Arab Law Quarterly 32, no. 1 (2018): 60–79. http://dx.doi.org/10.1163/15730255-12314037.
Full textAbstract:
Abstract The Qatari legislator has adopted a penal code that encompasses rules derived from a divine source and also deals with several other crimes common in positive penal laws. Whoever reads the Qatari Penal Code will notice the significant influence that Islamic criminal rules have had on that law. Its inaugural article unequivocally provides that rules of Islamic law (shariah) shall apply to all crimes of hudud, qisas and diya if a special condition is met. In all other cases, however, shariah rules still permeate the entire code through the proscription of acts derived from shariah law. This article thus aims to present a concise overview of the contemporary Qatari experience in adopting rules derived from Islamic criminal law into its penal code, for the purpose of highlighting its points of strength, as well as identifying points of weakness to overcome.
32
Driss, Bakhouya. "ANTI-MONEY LAUNDERING CRIMES IN ISLAMIC LAW COMPARED TO THE ALGERIAN AND INDONESIAN LAW." JURISDICTIE 7, no. 2 (2017): 190. http://dx.doi.org/10.18860/j.v7i2.3716.
Full textAbstract:
<p><em> </em><em>Islamic law agreed with most modern laws on the seriousness of money laundering crimes, including Algerian law and Indonesia, despite the differences in regard to the methods which these crimes because of the different banking systems from one country to another on the one hand, because of the possibilities available to money launderers on the other.</em></p><p><em> This led to the need to pay special attention by the Algerian law and Indonesia in order to effectively provide for these modern criminal phenomena, it has resorted to the imposition of strict controls to combat the phenomenon is mostly derived from the provisions of Islamic Sharia.</em></p><p><em> Although the procedures and mechanisms that came in the Islamic Sharia and stipulated in the fight against money laundering in Algeria, Indonesia law, but many obstacles stand in the way without effective control of this crime along the lines of the principle of banking secrecy, which is an obstacle, often without disclosure of relevant financial transactions money laundering offenses.</em></p>
33
Arify, Mahfuzullah, and Noorullah Noori Mojaddadi. "The Causes of Penalty Aggravation in the Penal Code of Afghanistan, and the Islamic Penal Law of Iran: A Comparative Study." American Journal of Law and Political Science 2, no. 3 (2023): 32–41. http://dx.doi.org/10.58425/ajlps.v2i3.197.
Full textAbstract:
Aim: The primary aim of this study was to examine the causes of the aggravation of punishment in the penal code of Afghanistan and compares it to the Islamic penal Law of Iran to specify additional causes of aggravation.
 Methods: This study is qualitative in nature and was conducted using a comparative research design, in which the penal code of Afghanistan was compared with the Islamic Penal Law of Iran. In addition to the laws of both countries, various legal books have been used to investigate this issue.
 Results: The penal code of Afghanistan has covered many necessary causes in terms of penalty aggravation, but some other causes, such as crimes on sacred days and places, removing the amount from the use of explosives, committing some crimes by foreign nationals and others are not considered as causes of aggravation, such as in the Islamic Penal law.
 Conclusion: The penal code Afghanistan had neglected some important issues, which is included in the Islamic penal law of Iran, which made it easy for the criminals to commit some heavy and serious crimes.
 Recommendation: As the new interim government need to have the penal code, they should consider all those important causes which have identified in this study and another literature.
34
Wardi, Fithriah. "FIQH AL-JINAYAT IN SOLVING CRIMES COMMITTED BY UNDERAGE CHILDREN." Malaysian Journal of Syariah and Law 9, no. 2 (2021): 30–38. http://dx.doi.org/10.33102/mjsl.vol9no2.319.
Full textAbstract:
Crimes committed by underage children are worsening day by day, starting from homicide, molestation, property damage, to abuse. In 2017, an upsetting tragedy happened, a tahfiz school was burned and killed 23 students. Authorities then found out that the tragedy was caused by 7 underage teenagers. There are a lot of similar tragedies that involve underage teenagers that caused property loss. As an example, some burglary cases that were committed by children aged 12. These crimes involving underage children need to be handled by all different parties. In Islamic Law, there are discussions about the sentences for the underage criminals. Through this paperwork, the writer will discuss the methods used in Islamic law, in dealing with crimes committed by underage children from various fiqh madhab.
35
Agnieszka Gutkowska. "Islamic penal law in Europe?" Archives of Criminology, no. XXXII (January 1, 2010): 403–12. http://dx.doi.org/10.7420/ak2010m.
Full textAbstract:
The article is concerned with selected rules of Islamic penal law. Such a discussion seems necessary (though naturally not sufficient) to attempt to answer the question about the best model of coexistence of sometimes drastically different cultural and normative systems in modern multicultural world. The choice of sharia is justified if we take into account that according to demographic data there are over 38 million of Muslim people living now in Europe. Without a doubt, such a situation may be a challenge because sharia explicitly states that observing laws in the country of residence (kanun) is a duty of every Muslim believer – however provided that the laws do not contradict sharia. There is one striking example of coexistence of different normative systems in Europe. The United Kingdom is the only European country so far which has decided to include Islamic laws in its legal system. Muslim citizens, if they are willing to, can decide property, inheritance, and family disputes in sharia courts and their decisions are recognised by the state. A conscious decision on integration of legal systems should rely on a deeper understanding of the legal system to be integrated into the current one. Understanding sharia requires, first of all, being aware that in the legal culture of Islam there is no division into secular and religious sphere. Hence, the common European perception of sharia as religious law must be considered a mistake. Sharia distinguishes two spheres: ibadat and mu’amalat. Ibadat, that is acts of faith, is the branch of law comprising religious duties of Muslim people. As a rule, breach of ibadat results with punishment in earthly life. Mu’amalat, that is transactions, contains provisions concerning interpersonal relations and protection of five basic human needs: life, religion, family life, property, feelings, and intellect. Yet, it cannot be said that ibadat is religious while mu’amalat is secular law. Together they form sharia and, what is more, they both contain penal provisions. In sharia, penal law is not a separate branch of law and both rules of penal law and sentence administration appear in both branches of sharia. Crime in Islamic law is always a detriment to the society as it infringes social order, God’s order, is a sacrilege (as it is a human infringement of divine rules), and a source of corruption for others. Classification of crimes in sharia is also entirely different from the western one. The basic criterion is the grounds for punishment and crimes are classified as punishable as hudud, kisas (or dijja), and ta’zir. Distinction between deeds punishable under Qur’an (hudud and kisas) and deeds punishable under customary law (ta’zir) is specific for Islamic law. While considering issues related to Islamic penal law, one cannot stop at the literal interpretation of sources of law.
36
Badawy, Tarek. "Towards a Contemporary View of Islamic Criminal Procedures: A Focus on the Testimony of Witnesses." Arab Law Quarterly 23, no. 3 (2009): 269–305. http://dx.doi.org/10.1163/157302509x454717.
Full textAbstract:
AbstractThis paper challenges the traditional conception of Islamic criminal law and provides alternatives to the rules of criminal procedures that are both compatible with modern life and the sprit of Shari'ah. The first part of the article provides a brief explanation of the four main sources of Islamic law. The second part focuses on the different classifications of crimes in Islamic law and explains Shari'ah's classical rules of evidence. It gives answers to some complicated legal questions by examining the law's underlying rationales. For example, the author challenges the conservative view that calls for the imposition of the death penalty onto apostates and clarifies that such punishment has no foundation in Shari'ah. He also explains why, from an evidentiary standpoint, the crime of rape should be qualified as haraba as opposed to zina, which both entails a harsher penalty for the perpetrator and more lenient evidentiary requirements from prosecutors. Finally, the author contests the traditional stream of Islamic thinking by arguing that in criminal matters, the testimony of female witnesses should be equal to that of males and that in hudūd crimes, scientific evidence should be given the same status as the testimony of eye witnesses.
37
'Arafa, Mohamed A. "WHITE COLLAR CRIMES, CORRUPTION AND BRIBERY IN ISLAMIC CRIMINAL LAW: LACUNA AND CONCEIVABLE PATHS." Revista de Estudos e Pesquisas Avançadas do Terceiro Setor 5, no. 1 (2018): 711. http://dx.doi.org/10.31501/repats.v5i1.9785.
Full textAbstract:
The Islamic legal system differs from other legal attitudes, as civil law traditions described by law’s codification or common law practices based on binding judicial precedents. In Islamic law, there is neither history of law’s classification, nor an understanding of binding legal precedents. The process of ijtihad (analogical deduction) in Islamic (Sharie‘a) law, though, is alike to Case law model. In this regard, Muslim scholars have had over the interpretation of the Sharie‘a rules and divine (God)’s law based on the Qur’anic provisions and the authentic Sunnah (Prophet Mohammad) traditions. The chief sources of Islamic criminal law are the Qur’an, Sunnah, ijma‘a (consensus), Qiyyas (individual reasoning) along with other supplementary sources. Where the principles of the Qur’an and Sunnah do not sufficiently resolve a legal issue, Muslim intellectuals use Fiqh (jurisprudence) which is the process of deducing and applying Sharie‘a values to reach a legal purpose and its methodologies and implementation are many, as numerous schools of jurisprudential (Sunni and Shie‘aa) thought (Hanafi, Maliki, Shafi‘i, and Hanbali) transpires. Based on this succinct backdrop, this article will delve in elaborating the main principles of the Islamic criminal justice system regarding corruption and bribery from a descriptive viewpoint and will concludes that there is no real flaw between the Islamic system and the positive justice mechanisms.
38
Islamy, Athoillah, and Abdul Aziz Harahap. "PARADIGMA MAQASID SHARIAH KONTEMPORER TENTANG SANKSI HUKUM KEBIRI BAGI PELAKU KEJAHATAN PEDOFILIA." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 7, no. 1 (2021): 123–41. http://dx.doi.org/10.24952/almaqasid.v7i1.3878.
Full textAbstract:
This study aims to present a contemporary maqasid shariah perspective on the pros and cons of the polemic of the implementation of castration law for perpetrators of pedophilia crimes. This research is a qualitative research in the form of literature review. This type of Islamic law research is included in the category of philosophical normative Islamic law research with a maqasid shariah approach developed by a contemporary Islamic law expert, namely Jasser Auda. The results of the study conclude that the application of legal sanctions of castration for perpetrators of pedophilia crimes does not contradict the perspective of contemporary maqasid sharia. Such a conclusion can be seen from the following three aspects. First, the implementation of the legal sanction of kebir is parallel to the orientation of Islamic law (maqasid shariah) regarding the components contained in the development of the scope of the hifz din concept, including shari'a (law), aqidah (theology) and akhlak (moral ethics). Second, the implementation of legal sanctions for castration for perpetrators of pedophilic crimes does not conflict with the maqasid perspective in the form of mental protection (hifz al-nafs), intellectual protection (hifz al-Aql) and protection of offspring (hifz al-nasl)which are closely related to the physical and psychological conditions experienced by victims. pedophilia is in line with efforts to protect the economy (hifz mal) for victims who have suffered material losses in the recovery process.
39
Ibrokhimova, Zulhumor. "ISSUES OF CRIMES AGAINST THE FAMILY AND FAMILY RELATIONS IN ISLAMIC LAW." Review of Law Sciences 5, no. 1 (2021): 99–110. http://dx.doi.org/10.51788/tsul.rols.2021.5.1./sqgh3140.
Full textAbstract:
This article reveals in detail the issues of crimes against the family and family relations in Islamic law. In particular, the author notes that although Uzbekistan, as a legal, secular, democratic and socially oriented state, is not essentially a religious country, at present, almost the entire spectrum of traditional world religions exists and operates in the country. The importance of the institution of the family, its complexity, versatility and the problematic nature of its impact on an individual require the study of many scientific approaches and scientific analyzes in the study of the family, the crime situation in Muslim families, the relationship between husband and wife, father and children, Sharia law governing the family as a whole, it is noted that criminal law is a relatively undeveloped part of Sharia law, since its norms are archaic in nature, it reflects a relatively low level of legal technology, the concepts of such crimes as adultery, false reporting of adultery, criminal abortion and other criminal offenses against family institutions, as well as punishments for these crimes, mitigating and aggravating circumstances, etc.
40
Hatta, Muhammad. "Ratio Legis Penerapan Beban Pembuktian Terbalik Di Indonesia." Istinbath : Jurnal Hukum 18, no. 1 (2021): 76–103. http://dx.doi.org/10.32332/istinbath.v18i1.3288.
Full textAbstract:
The reverse proof is the burden of proof to the suspect of a crime. In principle, the application of the reversed burden of proof is against the universal law of proof and is not following the presumption of innocence. However, the reverse burden of proof contained in the Law on the Eradication of Criminal Acts of Corruption, and the Law on the Prevention and Eradication of the Crime of Money Laundering, with a Legis Ratio of the two types of crimes classified as white color crimes, and extraordinary crimes, is right. Because it can be ascertained that, when the verification process takes place, law enforcement will have difficulty in proving the guilt of the perpetrators of the crime. In Indonesia, the application of the reverse burden of proof is applied to corruption and money laundering crimes which are limited to the Eradication of Corruption Crimes and Money Laundering Crimes. In Islamic law, the application of the reverse burden of the proof system is included in the ta'zir category which is based on government policy (ulul amri). The inverse burden of proof system is implied in the Qur'an, Surah Yusuf, Verses 26-29. However, in applying the reverse proof system, the jurists use istihsan in making ijtihad on contemporary social problems. Thus, both in the perspective of general law and Islamic law, the reverse proof is something that is specifically allowed, for criminal cases where it is estimated that there will be difficulties in proving it. Keywords: Ratio Legis Reverse Proof System, Indonesia, Comparative Legal Study
41
Jaenudin, J., and Enceng Arif Faizal. "TINDAK PIDANA EKONOMI DALAM FIKIH PIDANA ISLAM." ADLIYA: Jurnal Hukum dan Kemanusiaan 14, no. 2 (2021): 209–26. http://dx.doi.org/10.15575/adliya.v14i2.10122.
Full textAbstract:
This article aims to answer the economic criminal sanctions in Islamic criminal jurisprudence. Islamic law has regulated criminal acts that are clear and described in the field of jinayah. However, it is necessary to specifically classify economic criminal sanctions. This research uses literature research with content analysis techniques in examining the development of economic crimes in Islamic criminal jurisprudence. The results showed that the arrangement of the fingers was clearly regulated through texts which were called hudud and outside texts which were categorized as ta'zir. This classification is based on whether there are sanctions provisions in the text. Economic crimes in fiqh jinayah are grouped: economic crimes in the hudud category, namely sariqah or robbery, and hirabah or robbery. Second, ta'zir economic crimes, namely corruption, money laundering, smuggling, counterfeiting, fraud, and environmental pollution, the sanctions are given to the level of benefit and ulil amri.
42
Kurnianingsih, Marisa, Muhammad Risal Fitrah Ramadhan, and Arief Budiono. "The Judge's Considerations Regarding Evidence Of Handphones In The Crime Of Defamation On Social Media." Fundamental: Jurnal Ilmiah Hukum 12, no. 1 (2023): 62–81. http://dx.doi.org/10.34304/jf.v12i1.86.
Full textAbstract:
Social life in Indonesia is experiencing progressive development from various aspects. Crimes or criminal acts committed by individuals or groups are currently growing along with the development of technology. One of the crimes that are often violated in the scope of social media is the criminal act of defamation, where this crime is carried out by destroying the good reputation of others by using the media in the form of a cellphone as the main item used. Based on this description, this study aims to determine the validity and considerations of judges regarding cell phone evidence in cases and to find out the views of Islamic Criminal Law regarding evidence as reinforcement in cases. By using normative research methods, it can be seen that cellphone evidence is very useful in providing judges' considerations in deciding cases, and in Islamic law itself Evidence has been arranged based on what is stated in the sources of Islamic law itself. Things that can be done so that law enforcement can work properly are rejuvenating the existing rule of law in the State of Indonesia, and making expert views in interpreting evidence in Islamic law as one of the references
43
Zakaras, Matthew R. "International computer crimes." Revue internationale de droit pénal 72, no. 3 (2001): 813. http://dx.doi.org/10.3917/ridp.723.0813.
Full text
44
Jamaludin, Ahmad, and Sayid Mohammad Rifqi Noval. "PEMIDANAAN KEBIRI TERHADAP PELAKU KEJAHATAN SEKSUAL KEPADA ANAK PERSPEKTIF HAK ASASI MANUSIA DAN HUKUM ISLAM." ADLIYA: Jurnal Hukum dan Kemanusiaan 14, no. 2 (2021): 191–208. http://dx.doi.org/10.15575/adliya.v14i2.10135.
Full textAbstract:
Sexual crimes in Indonesia have become increasingly worrying, especially against children, efforts to protect child victims by the government with Perpu No.1 of 2016 which has been passed into Law Number 17 of 2017 concerning child protection. This Perpu provides for additional regulations with castration for sexual crimes against children. The making of this policy was tinged with pros and cons because it was not in accordance with the objectives of punishment and Islamic law. The research method used is normative juridical with quantitative analysis. The purpose of this research is to see the view of the purpose of the punishment of chemical castration which is released to perpetrators of sexual crimes and to see and explain the Islamic legal views of the act of castration. The results of this study are First, the implementation of castration is an act of violence and contrary to the 1945 Constitution, namely Article 28 G paragraph 2 and Article 33 paragraph 1 of Law No. 39 of 1999 concerning Human Rights. Both Islamic Laws do not speak in writing about castration. The castration penalty stipulated in Law 17 of 2016 is a prohibition which is categorized as a punishment for takzir, because it is made by the state or leaders to overcome sexual crimes against children. The conclusion of this research is that first, castration punishment is a punishment that can violate human rights. Second, castration punishment in Islam is categorized as takzir punishment.
45
Febrianty, Yenny, Mustika Mega Wijaya, Asmak Ul Hosna, Farahdinny Siswajanthy, and Isep H. Insan. "Implementation of the Applicability of the Death Penalty in Indonesia Through a Review of Pancasila-Based Islamic Law." Eduvest - Journal of Universal Studies 3, no. 5 (2023): 983–93. http://dx.doi.org/10.59188/eduvest.v3i5.806.
Full textAbstract:
Islamic law provides a sense of justice including in the threat of sanctions for crimes committed, Islamic law places punishments commensurate with the crimes so as to create a sense of deterrent effect for perpetrators and society. Including the death penalty. This paper raises two issues that will be discussed, namely: How is the contribution of Islamic law in determining death penalty laws in Indonesia and how is the legal politics of death penalty provisions applicable in Indonesia based on Pancasila? The Normative Juridical Approach is used as the writing technique of this research. This study aims to conduct legal research using library materials, secondary data, and original data as additional data. From the discussion of this paper, it can be concluded that the existence of Islamic law, especially regarding the death penalty in Indonesia, has a very strong contribution to punishment in general in Indonesia. Because Islamic law, especially in the case of the death penalty, determines the appropriate punishment for the perpetrator, and because of the legal politics of the death penalty, which is understood as the direction of legal policy regarding the death penalty, this includes the state. policies on how the death penalty is carried out and how it should be carried out.
46
Rafid A, Noercholis. "PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM HUKUM PIDANA ISLAM." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 3, no. 1 (2022): 71–87. http://dx.doi.org/10.24239/comparativa.v3i1.27.
Full textAbstract:
This research discusses the application of restorative justice to criminal defamation in Islamic criminal law. This research is a literature research that examines literature related to problems that are studied using normative theological approaches and juridical approaches. This study aims to elaborate and compare the application of restorative justice to criminal defamation in Islamic criminal law and national criminal law. The implication of this study is that the application of restorative justice to defamation crimes in Islamic criminal law is resolved by mediation (outside the court) first and then through the court channel.
47
Nuraisyah, Nuraisyah. "Philosophical Dimensions of Punishment in Islamic Criminal Law." Al Hurriyah : Jurnal Hukum Islam 6, no. 1 (2021): 101. http://dx.doi.org/10.30983/alhurriyah.v6i1.3459.
Full textAbstract:
<p dir="ltr"><span>This study discusses the philosophical dimensions of punishment in terms of Islamic criminal law. Islamic criminal law has a goal that everyone does not want to commit a crime. So that Islamic criminal law is both preventive (prevention) and curative (their crimes deter the perpetrators of crimes). The formulation of the problem in this study is why people who commit crimes must be punished according to Islamic criminal law? The method used is a type of normative legal research; normative legal research is research conducted to collect and analyze secondary data. This study concludes that the provisions of the punishment contained in the Qur'an and al-Sunnah are Shari'ah that must be carried out. With this punishment, it aims to make people aware of the wickedness of evil so that it is embedded in their souls that all misdeed must be avoided whether seen by others or not, because Allah is always watching him wherever he is. When this thought is embedded in everyone, it will repress the misdeed in daily life or reduce crime in society.</span></p><p><em>Penelitian ini membahas tentang dimensi filosofis pemidanaan dilihat dari segi hukum pidana Islam. Hukum pidana Islam memiliki tujuan agar setiap orang tidak mau melakukan tindakan kejahatan. Sehingga hukum pidana Islam ini bersifat preventif (pencegahan) maupun bersifat kuratif (agar berpelaku kejahatan merasa jera dengan Tindakan kejahatannya). Rumusan masalah dalam penelitian ini adalah kenapa orang yang melakukan Tindakan kejahatan harus mendapatkan hukuman dilihat dari hukum pidana Islam? Metode yang digunakan adalah </em><em>jenis penelitian hukum normatif</em><em>. </em><em>Penelitian hukum normatif adalah penelitian yang dilakukan untuk mengumpulkan dan menganalisis data sekunder. </em><em>Kesimpulan dari penelitian ini adalah </em><em>k</em><em>etentuan hukuman yang terdapat dalam al-Qur’an dan al-Sunnah merupakan Syari’at yang harus dijalankan</em><em>. Dengan h</em><em>ukuman itu bertujuan untuk menyadarkan masyarakat dari keburukan-keburukan kejahatan, sehingga tertanam di dalam jiwa bahwa semua kejahatan harus dihindari</em><em>,</em><em> baik dilihat oleh orang lain ataupun tidak, sebab Allah selalu mengawasinya di manapun dia berada. Apabila hal ini telah tertanam dalam diri semua orang, secara otomatis kejahatan tidak akan ada dipermukaan bumi, atau paling tidak bisa mengurangi kejahatan di tengah-tengah masyarakat</em><em>.</em></p><p> </p>
48
Iskandar, Hadi, Budi Bahreisy, Ferdy Saputra, Romi Asmara, Yusrizal Yusrizal, and Hidayat Hidayat. "Penyuluhan Hukum Terkait Judi Online Bagi Generasi Milenial (Studi di Kota Banda Aceh)." Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar 4, no. 1 (2022): 75. http://dx.doi.org/10.35308/baktiku.v4i1.4488.
Full textAbstract:
The development of technology and information in the form of the internet has grown rapidly. Not only for the elderly, but also for young people who use it, the increasingly easy use of the internet has been misused for gambling games. Initially people access online games, then out of curiosity and curiosity, people follow online gambling. Online games as an unreal virtual space make users free to do things that are prohibited in life, both in religious norms and prohibited by law, such as online gambling. Based on this background, the formulation of the problem from this legal counseling is how the criteria for online gambling criminal acts and how to sanction online gambling crimes in the perspective of Islamic law and national law. This legal counseling activity is carried out using lecture and discussion methods. Participants were given motivation and understanding about understanding online gambling in the perspective of Islamic criminal law and national criminal law. In addition, participants were given material on the importance of understanding the criteria for acts of online gambling and the sanctions of online gambling crimes. The objectives of the service to the millennial generation in Banda Aceh City are to: 1). Provide knowledge about the criteria for online gambling crimes and 2). Providing understanding to the millennial generation about online gambling criminal sanctions in the perspective of Islamic Law and National Law. this is also part of capturing problems that occur in society.
49
Firdaus, Muhammad Irkham. "CRITICISM ANALYSIS OF THE EFFECTIVENESS OF INDONESIA'S ECONOMIC CRIMINAL POLICY IN THE PERSPECTIVE OF ISLAMIC LAW." JCH (Jurnal Cendekia Hukum) 8, no. 1 (2022): 85. http://dx.doi.org/10.33760/jch.v8i1.570.
Full textAbstract:
Economic crime rates tend to be high and generate large losses every year, because one of the biggest factors is the ineffective economic crime policy in providing deterrent and firmness to the perpetrators. Economic crime policies play an important role in creating public welfare, if the economic crime rate is high, it means that the welfare of the community has not been created optimally, so there needs to be efforts to review and fix these criminal policies. This research aims to determine the effectiveness of Indonesia's criminal policy in the perspective of Islamic law, as well as to criticize the economic criminal policy in Indonesia. This research explores data sources from various data on the facts of crimes that occur in Indonesia, which are then analyzed by qualitative methods from the point of view of Islamic law. The results of this research show that economic crime policies have not been effective in tackling economic crimes, because they do not provide a deterrent effect for perpetrators of economic crimes. Whereas in Islam, the prevention of economic crime is divided into two categories, namely jarimah hudud and jarimah ta'zir. Sanctions applied in Islamic law are more of a deterrent effect, because sanctions for serious economic crimes have been determined directly by Allah SWT, then economic criminal policies in Indonesia tend not to achieve their essential goals, namely welfare and social protection for the community, this happens because there are shortcomings in the three stages of implementing economic criminal policies in Indonesia, namely the legislative stage, judicial stage, and executive stage. It is necessary to make a new formulation in the economic criminal policy in Indonesia, namely by specifying the sanctions that will be received by the perpetrators of criminal acts with the sanctions stated in Islamic law, from the point of view of the deterrent effect and the consequences received by the perpetrators.
50
Miakhil, Pasoon, and Irfan Wazir. "Computer and Cyber Crimes." Integrated Journal for Research in Arts and Humanities 4, no. 2 (2024): 133–36. http://dx.doi.org/10.55544/ijrah.4.2.21.
Full textAbstract:
All that were impossible so for, internet have made them possible. Computer has facilitated to restore lots of Data in small memory, which seems to be very impossible from the view of human. Based on the high speed of computer, it calculates and counts very complicated issues within seconds. The improvement in information technology has negative aspect as well. It means it has facilitated for some crimes and illegal activities against the community that before it was very impossible and couldn’t happen. Computer systems is a modern and improved opportunity for law violators, and have made the law breakers to keep up with changed method and feature of crimes. Computer crimes have created much more problems in modern communities; for instance legal societies have confront such conflicts and problems. Such crimes include the ancient and practiced criminal activities like; robbery, deceiving, hacking, and financial abuse, or they have completely new nature which is unpredictable, which have created problems to the former criminal code and criminal procedure code.