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Journal articles on the topic 'Criminal liability (Islamic law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Anggraini, Rina, and Rajin Sitepu. "Pertanggungjawaban Pidana Korporasi Dalam Hukum Pidana Islam." JURNAL HUKUM PELITA 6, no. 1 (2025): 254–68. https://doi.org/10.37366/jhp.v6i1.5803.

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Corporate criminal liability has become an important issue in modern criminal law, including in the context of Islamic criminal law. Although Islamic criminal law has historically emphasized individual liability, developments in the era require an analysis of the possibility of applying criminal liability to non-individual entities such as corporations. This article examines the concept of corporate criminal liability from the perspective of Islamic criminal law with a juridical-normative approach and comparative analysis of positive law. The results of the study show that although Islamic cri

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Hidayani, Sri, and Revi Fauzi Putra Mina. "The Concept of Criminal Responsibility in Islamic Criminal Law." Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam 3, no. 2 (2022): 67. http://dx.doi.org/10.58836/al-qanun.v3i2.19689.

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<p>Criminal law in Islam is an integral part of the Islamic legal system that regulates the behavior of individuals in society. The concept of criminal liability is an important aspect of this legal system, which includes various rules and principles governing how individuals are held accountable for criminal acts committed. This research aims to explain the concept of criminal liability in Islamic criminal law, focusing on the main principles related to law enforcement and punishment. The research method used is a normative juridical approach, which involves the study of Islamic legal d

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Hendrawati, Heni, Nurwati Nurwati, and Budiharto Budiharto. "Children's Criminal Responsibilities: Comparative Study in Islamic and Criminal Law." Varia Justicia 14, no. 2 (2018): 101–8. http://dx.doi.org/10.31603/variajusticia.v14i2.2417.

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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

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Surasa, Ais. "PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG PERSPEKTIF HUKUM ISLAM." Tatar Pasundan : Jurnal Diklat Keagamaan 14, no. 2 (2020): 190–98. http://dx.doi.org/10.38075/tp.v14i2.38.

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This research aims to find out the conditions of corporate criminal liability in money laundering offences based on Islamic law perspective. This research uses library research methods. The results concluded that corporate criminal liability conditions are stipulated in Article 6 of Law No. 08 year 2010, which contains that a person with money laundering will be 4 years or more in prisoned. Islamic law states that one who commits it, will be punished in return towards the actions of “jarimah” perpetrators (as the elements fulfilled). Thus, the criminal liability is a person who can experience

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Abdillah, Junaidi, Tri Nurhayati, Najichah Najichah, Lira Zohara, and Muchammad Tholchah. "Contribution Model of al-Mas'ūliyyah al-Jinā'iyyah in the Formulation of Criminal Liability in Indonesia’s New Criminal Code." Al-Ahkam 34, no. 2 (2024): 367–92. https://doi.org/10.21580/ahkam.2024.34.2.22592.

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The evolution of criminal law in Indonesia reflects a complex interplay between indigenous legal traditions and external influences, including Islamic law. This article examines the contribution model of al-mas'ūliyyah al-jinā'iyyah (criminal liability in Islamic law) to formulating criminal liability in Indonesia’s New Criminal Code (KUHP Baru). The study adopts a qualitative research method, utilizing a comparative legal analysis framework to explore the dialectic between Islamic criminal law and the New Criminal Code. Data sources include classical legal texts, the book of Qur’anic exegesis

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Rizayeva, Dana, and Ammar Manna. "Circumstances excluding criminal liability under the criminal law of the Muslim countries." E3S Web of Conferences 135 (2019): 04071. http://dx.doi.org/10.1051/e3sconf/201913504071.

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In Islamic criminal law there are no institutions the general part, in that connection, it shared the list of circumstances that exclude the criminality of an Act, not developed. In Islamic criminal law, such circumstances, according to the analysis of some of his sources are not reaching the age of responsibility, a State of insanity, mislead, commit a crime under duress, self-defense, urgency, as well as remorse. The article is devoted to the characterization of the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon system of

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Rasouli, Mohammad Reza, Abbas Taghvaee, and Amir Reza Mahmoudi. "Formal Challenges of Criminal Liability of Legal Persons in Iran's Criminal Justice System." Interdisciplinary Studies in Society, Law, and Politics 3, no. 1 (2024): 158–66. https://doi.org/10.61838/kman.isslp.3.1.16.

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In this discussion, we aim to address the topic of the formal challenges of criminal liability of legal persons in Iran's criminal justice system and the procedural issues associated with it. One of the innovations of the Islamic Penal Code ratified in 2013 is the recognition of criminal liability for legal persons. The significance and special status of legal persons in contemporary society compelled the legislator to establish this important institution in criminal law by dedicating several articles to it. Criminal liability of legal persons has not been discussed in Islamic jurisprudence. T

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Satria, Muhammad Chaidir, and Yuli Kasmarani. "PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENIMBUNAN OBAT TERAPI COVID-19." Ta'zir: Jurnal Hukum Pidana 6, no. 2 (2022): 136–47. http://dx.doi.org/10.19109/tazir.v6i2.14637.

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ABSTRACT The title of this research is criminal responsibility for the perpetrators of the criminal act of hoarding Covid-19 therapeutic drugs based on law number 36 of 2009 concerning health. Hoarding of drugs is something that is prohibited both in Indonesian legislation and in Islamic law, especially during the Covid-19 pandemic, of course, it can cause misery and loss in society. The problem raised in this study is criminal liability for the criminal act of hoarding Covid-19 therapeutic drugs. The method used in this research is a normative research method or what is often called lib

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Dr. Rukhsana Shaheen Waraich, Dr. Mehboob Ali Shah, and Dr. Muhammad Fayyaz. "Liability for Medical Negligence: A study of Islamic Law." Al-Qamar 2, no. 2 (2019): 97–112. https://doi.org/10.53762/1pn03166.

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Preservation of life is one of the five main objectives of Sharī‘ah. Preservation of life includes preservation of health too. Every human being falls ill at some point of life and needs assistance of medical practitioner. Medicine is an inexact science and can go wrong. In such cases of mistake, misadventure, negligence and criminal actions, doctors and patients end up in court of law. It is pertinent for Muslim doctors, patients and courts to seek the knowledge about the perspective of Sharī‘ah regarding practice of medicine. Sharī‘ah guides medical practitioners by providing them general pr

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Rini Apriyani, Erna Susanti, Poppilea Erwinta, Kalen Sanata, and Muh. Sakur Edwarni. "Criminal Liability Arising from Medical Malpractice on Patients: A Review from the Perspective of Positive Law And Islamic Law." KRTHA BHAYANGKARA 18, no. 1 (2024): 85–106. http://dx.doi.org/10.31599/krtha.v18i1.1615.

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The suspicion in cases of medical malpractice in is only slightly raised, meanwhile, there are actions by the health profession by doctors as medical personnel which have the potential to be a malpractice that can be reported by the public, but are not resolved legally because the community only has limited knowledge of science medical and because there is no form of specific legal regulations governing malpractice in Indonesia so that the occurrence of these malpractices can cause legal problems. This study aims to determine criminal liability for medical malpractice acts committed by doctors

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Rini Apriyani, Erna Susanti, Poppilea Erwinta, Kalen Sanata, and Muh. Sakur. "Criminal Liability Arising from Medical Malpractice on Patients: A Review from the Perspective of Positive Law And Islamic Law." KRTHA BHAYANGKARA 18, no. 1 (2024): 85–106. https://doi.org/10.31599/krtha.v18i1.2919.

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The suspicion in cases of medical malpractice in is only slightly raised, meanwhile, there are actions by the health profession by doctors as medical personnel which have the potential to be a malpractice that can be reported by the public, but are not resolved legally because the community only has limited knowledge of science medical and because there is no form of specific legal regulations governing malpractice in Indonesia so that the occurrence of these malpractices can cause legal problems. This study aims to determine criminal liability for medical malpractice acts committed by doctors

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Nasimah Hussin and Mazlena Mohamad Hussain. "HARMONISATION OF THE LAW RELATING TO CRIMINAL ACCOUNTABILITY OF YOUNG OFFENDERS." IIUM Law Journal 33, no. 1 (2025): 239–64. https://doi.org/10.31436/iiumlj.v33i1.994.

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Modernisation and changes in values and way of life have greatly affected the minds of the youth. Hence, the number of crimes they commit has increased tremendously. The pertinent issue would be whether or not these young offenders can be criminally liable for their actions. To prove the liability of a criminal offender, the law requires that the offender must have reached the age of criminal responsibility, otherwise, he may be excused from any criminal liability. The principle is known as doli incapax, an irrebuttable presumption that a child below a certain specified age is presumed to be i

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Ikhsan, Muhammad Izwan, Daleleer Kaur Randawar, Ahmad Ridhwan Abd Rani, Syuhaeda Aeni Mat Ali, and Shirin Shubashini Ramaiah. "Parental Liability Law in Malaysia for Children’s Misconduct: A Legal Overview." International Journal of Religion 5, no. 4 (2024): 179–92. http://dx.doi.org/10.61707/d2d7e789.

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This article explores into the evolving landscape of parental liability law in Malaysia by examining its foundations in criminal law, torts, and the Child Act 2001. It also draws comparisons with the United States to shed light on the potential prospects for reform in Malaysia. By analysing the Malaysian legal framework, which includes provisions from the Penal Code, Child Act 2001, other statutes, and Islamic jurisprudence, the article uncovers the existing contours of parental liability and highlights areas where clarity and refinement are needed. The study emphasises the need for a balanced

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Usman, Mizaj Iskandar, Muhammad Yusuf, Azhari Yahya, Adwani Adwani, and Ahyar Gayo. "Adultery Offenses in Indonesia’s New Penal Code: Examining the Influence of Islamic and Customary Law." JURIS (Jurnal Ilmiah Syariah) 24, no. 1 (2025): 73. https://doi.org/10.31958/juris.v24i1.13208.

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This study examines the influence of Islamic and customary law on the formulation of adultery provisions in the newly recodified Penal Code. The revision of the Criminal Code has sparked controversy, particularly regarding the regulation of adultery, with critics arguing that the new provisions are heavily influenced by Islamic and customary legal principles. This research investigates the extent of this influence through a qualitative methodology employing a normative legal approach. The findings reveal that while Islamic and customary law have significantly shaped the recodification process,

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Ananda Kasmarani Sumby, Rudepel Petrus Leo, and Sigit Prabowo Sonbait. "Perbandingan Pertanggung-jawaban Pidana terhadap Pelaku Perzinahan Berdasarkan Hukum Pidana Islam Ditinjau dari Perspektif Qanun Aceh Nomor 6 Tahun 2014 dan Hukum Pidana dari Perspektif KUHP." Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara 2, no. 4 (2024): 161–74. https://doi.org/10.55606/eksekusi.v2i4.1526.

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Adultery in Indonesia is discussed from two legal perspectives: Islamic Law (Qanun Jinayah) and Criminal Law from the perspective of the Criminal Code (KUHP). Each has different approaches and rules in regulating criminal liability for adultery. Adultery is considered a betrayal of marriage. The perpetrator of adultery is considered to have abused the trust of his/her spouse and violated the sacred promise of marriage. The type of research the author uses is normative juridical research (library research). This research is also called a document study conducted by examining legal materials by

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Sukris Sarmadi, Akhmad, Arne Huzaimah, Jalaluddin Jalaluddin, Lahmudinur Lahmudinur, Agus Bambang Nugraha, and Karimuddin Abdullah Lawang. "Criminal Liability of Children from the Perspective of Islamic Law and Positive Law in Indonesia." AT-TURAS: Jurnal Studi Keislaman 10, no. 1 (2023): 116–27. http://dx.doi.org/10.33650/at-turas.v10i1.5497.

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The position of children as legal subjects will certainly become a problem that needs to be studied in more depth. Children who physically and psychologically still need care and guidance in order to achieve perfect growth, precisely when dealing with the law will certainly experience psychological and even physical changes in a bad direction. In the case of children as legal subjects, there is a difference between Islamic law and positive law in Indonesia because of the different objectives of establishing and enforcing the law itself. To examine this problem, qualitative research methods are

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Ahmed, Fakhr Maqdid, and Karzan Faqi Khalil Karim. "The Criminal Protection of the Environment in (The Law of Environmental Protection and Improvement in the Kurdistan Region - Iraq)." Journal of University of Raparin 11, no. 6 (2024): 789–806. https://doi.org/10.26750/vol(11).no(6).paper32.

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This article sheds light on criminal protection of the environment, which is concerned with the environmental protection from various types of pollution and destruction. Muslim jurists, have been discussing specific ways and means of preserving the environment and protecting it from the destructive causes that lead to an imbalance in the environmental system. Meanwhile, the Kurdistan Regional Parliament has discussed the achievement of this issue through the special law on criminal protection entitled "Law on Environmental Protection and Improvement No. (8) of 2008". This research evaluates th

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Karimi, Fatemeh, and Mohammad Ali Ardebili. "Criminal Liability for other Behavior by Looking at Vote in Courts." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (2021): 220. http://dx.doi.org/10.18415/ijmmu.v8i9.3018.

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Despite the fact that crime and punishment are personal, in answer to the question of whether other persons besides the perpetrators of the crime are responsible? According to the circumstances, a positive answer can be given. Over time, with the qualitative growth of laws, Vicarious liability was formed. Until 2013, the criminal liability of legal entities existed exceptionally in scattered laws. Legal doctrine has proposed different theories in this regard, which in general can be divided into two categories: "Fault doctrine" and " Risk doctrine ". Iranian law, according to the votes of the

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Ardika, Ridho. "PERTANGGUNGJAWABAN PIDANA DISABILITAS YANG MELAKUKAN PENGANIAYAAN." Legal Standing : Jurnal Ilmu Hukum 8, no. 2 (2024): 382–95. http://dx.doi.org/10.24269/ls.v8i2.9101.

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The Criminal Code has explained the responsible ability of a person with a disability in article 44 paragraphs 1 and 2, while in Law No. 1 of 2023, Discuss more specifically about disability criminal liability, according to court decision No. 57 / Pid.B / 2021 / PN. Kba involving a person with a mental disability who molested his own sibling. The purpose of this study is to determine the accountability of criminal acts of maltreatment committed by disabilities in the perspective of Criminal Law and Islamic Criminal Law and use Law No. 1 of 2023 as a comparison with the Criminal Code. The resea

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Kurbanov, Davlat. "DEVELOPMENT OF CRIMINAL LAW NORMS ESTABLISHING LIABILITY FOR CRIMES AGAINST PERSONAL FREEDOM." Jurisprudence 2, no. 5 (2022): 98–105. http://dx.doi.org/10.51788/tsul.jurisprudence.2.5./gvta4845.

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This article analyzes the stages of the development of criminal law norms that determine responsibility for crimes against the freedom of a person. Freedom implies the ability of people to determine their own destiny, goals and aspirations, to realize them independently according to their subjective will. That is why in all periods of historical development, people have been striving for freedom and fighting for freedom and liberty. In this article, Hammurabi’s laws, the laws of Ancient Greece, the Roman Empire, Islamic law, the laws of the khanates in our country, the laws of the Emirate era,

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Nabipour, Mohammad. "An athlete’s criminal liability towards spectators." International Journal of Applied Exercise Physiology 6, no. 3 (2017): 42–53. http://dx.doi.org/10.22631/ijaep.v6i3.190.

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Abstract:  Basically and according to clause of article 158 of the Islamic penal code, approved in 2013 (sporting activities and accidents resulting from it, if the reason of accidents do not violate the rules related to that sport and these regulation are not in conflict with religious rules) there will be no criminal liability for the athlete. As it appears the athlete that will be exempted from any criminal offense when he has not violated the rules, however, if the athletes is offender whether the injured is opponent athlete or one of the spectators, the offending athletes will

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Hussaini, Sayed Abbas, Alireza Bariklou, Abdulreza Alizadeh та Abdullah Rajabi. "الزامات توسعة مسؤولیت مدنی- رسانه‌‌یی در حقوق افغانستان". ghalib quarterly journal 13, № 1 (2024): 131–58. http://dx.doi.org/10.58342/ghalibqj.v.13.i.1.7.

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In the contemporary era, people's lives have been accompanied by the increasing use of the media and its role in different layers of their lives. Few people can be found who do not deal with one type of media. The expansion of media activities may harm the rights of other people. In this case, the cause of the loss is considered responsible. In line with the protection of human rights, media-based criminal liability can be justified. On the other hand, the guarantee of criminal executions may cause serious damage to the freedom of expression and the freedom of the media. Therefore, the questio

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Rinda, Rinda, and Krisna Angga. "KAJIAN YURIDIS KEJAHATAN PENCERNARAN NAMA BAIK MENURUT HUKUM POSITIF DAN HUKUM ISLAM." AL-AQWAL : Jurnal Kajian Hukum Islam 1, no. 2 (2022): 139–53. http://dx.doi.org/10.53491/alaqwal.v1i2.361.

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The rapid development of science and technology also has an impact on the development of crime, one of which is the crime of defamation. Defamation is a crime that has its own characteristics that cannot be equated with crimes in general, because it is a special crime that needs to be regulated in a legal system. In positive law this act is regulated in Artides 310-321 of the Criminal Code and also Artide 27 paragraph (3) in conjunction with Artide 45 of the ITE Law. Then in Islamic law this act is induded in jarimah hudud. Normative legal research is legal research used in this research, whic

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Rabb, Intisar. "Islamic Legal Maxims as Substantive Canons of Construction: Hudūd-Avoidance in Cases of Doubt." Islamic Law and Society 17, no. 1 (2010): 63–125. http://dx.doi.org/10.1163/092893809x12472107043920.

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AbstractLegal maxims reflect settled principles of law to which jurists appeal when confronting new legal cases. One such maxim of Islamic criminal law stipulates that judges are to avoid imposing hudūd and other sanctions when beset by doubts as to the scope of the law or the sufficiency of the evidence (idra'ū'l-hudūd bi'l-shubahāt): the "hudūd maxim." Jurists of all periods reference this maxim widely. But whereas developed juristic works attribute it to Muhammad in the form of a prophetic report (hadīth), early jurists do not. Instead, they cite the maxim as an anonymous saying of nonspeci

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Andriyani, Andriyani, Qodariah Barkah, and Ifrohati Ifrohati. "Pengabaian Nafkah Anak Secara Sengaja oleh Ayah Pasca Perceraian." Journal of Judicial Review 27, no. 1 (2025): 187–202. https://doi.org/10.37253/jjr.v27i1.10155.

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This study examines the legal issue of fathers deliberately neglecting child support obligations following divorce, despite existing court rulings mandating such support. The research aims to analyze the criminal liability of fathers who intentionally disregard post-divorce child support obligations and to assess this issue within the context of national and Islamic law. This study employs a normative juridical method with a descriptive qualitative approach. The findings reveal that fathers who intentionally fail to provide child support after divorce can be classified as committing child negl

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Mousavi, Seyed Mohammad, Arash Babaei, Shamsollah Khatami, and Yousef Jafarzadi. "A Comparative Study of Absolute Liability Offense in Iran and the UK." Asian Social Science 12, no. 3 (2016): 135. http://dx.doi.org/10.5539/ass.v12n3p135.

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<p>One characteristic of the force of law in the country, the integrity of the rules in all areas of all aspects of creation into account the distinction between crime and the crime and failed or incomplete in acts of crime and crime as the withdrawal. In this respect the rules on penalties culpability in the crime has been proposed that the content of the crime with absolute responsibility of these categories has manifested. Under the Articles 144 and 145 of the Latest version Islamic criminal law (2013), Create unintentional offenses, subject to verification of the fault committed. In

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Առաքելյան, Սերգեյ, та Նարեկ Հարությունյան. "Անօրինական միգրացիայի կազմակերպման համար պատասխանատվությունն ըստ արտասահմանյան երկրների քրեականօրենսդրության". Bulletin of Yerevan University C: Jurisprudence 15, № 2 (41) (2024): 23–38. https://doi.org/10.46991/bysu.c/2024.15.2.023.

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The article discusses issues related to the peculiarities of legal norms provided for in the criminal legislation of foreign countries, which establish responsibility for organization of illegal migration. In this regard, an analysis of the relevant legislative acts of the member states of the Eurasian Economic Union, the European Union, as well as a number of other foreign countries (USA, People's Republic of China, UK, Canada, Australia, Islamic Republic of Iran) is carried out. In particular, it is emphasized that, unlike the countries of the Eurasian Economic Union, in most of the mentione

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Hapsin, Abu, and Nazar Nurdin. "Diat and Peace Money in the Crime of Culpable Homicide." Al-Ahkam 32, no. 2 (2022): 189–210. http://dx.doi.org/10.21580/ahkam.2022.32.2.12413.

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Islamic Law and Indonesian Criminal Law place compensation as an essential part of criminal liability. The fundamental difference is that compensation is primary in Islamic law, while positive law is an alternative. This paper examines and compares the application of the theory of diat and compensation in the crime of culpable homicide. The writing is framed with a normative-empirical approach, with data sources from books and court decisions. The results of the study show three things: First, diat and peace are different conceptions. Diat refers to property given in exchange for a slain soul,

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العرفي, فاطمة. "‏ رضا الضحية وأثره على المسؤولية الجنائية في جرائم الاستغلال الطبي بين الشريعة الإسلامية ‏والقانون ‏". مجلة المعيار 26, № 2 (2023): 501–23. http://dx.doi.org/10.37138/mieyar.v26i2.4783.

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‏ رضا الضحية وأثره على المسؤولية الجنائية في جرائم الاستغلال الطبي بين القانون والشريعة الإسلامية ‏ Victim satisfaction and its impact on criminal liability for medical exploitation offenses ‎Between Islamic law and law ملخص البحث: إباحة الأعمال الطبية تقتضي إجرائها وفق ضوابط موضوعية، منها الرضا الصحيح والضرورة ومناشدة ‏الشفاء، فإذا تحولت إلى تجارة تهدف تحصيل الكسب المادي، ستخرج عندئذ عن نطاق الشرعية والترخيص ‏إلى نطاق المسؤولية الجنائية والجريمة، لأن التكسب المادي عن طريق استغلال ظروف الضحايا الذين هم ‏الحلقة الأضعف باعتبارها تشمل الفئة المستهدفة من الاستغلال في أغراض غير شرعية، هو سلوك ‏إجرا

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Miftha Ul Husna, Umaya, and Iwan Iwan. "Pertanggungjawaban Pidana bagi Pelaku Pencemaran Lingkungan Perspektif Fikih Jinayah." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 5, no. 2 (2024): 277–91. http://dx.doi.org/10.36701/bustanul.v5i2.1636.

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This study aims to identify and analyze the strengths and weaknesses of the criminal liability system in environmental law and evaluate how Islamic jurisprudence can offer alternative or additional solutions to address environmental pollution problems. This study uses an empirical legal research method with qualitative procedures. The results of the study indicate that the act is considered to violate Islamic jurisprudence and environmental regulations in Indonesia, as shown in the findings. However, law enforcement still has obstacles related to evidence collection and time constraints that m

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Nekounam, Vahid Vahid. "Criminal Liability Arising From Medical Staff’s Negligence in Abortion." Health Spiritual Med Ethics 10, no. 04 (2023): 187–94. http://dx.doi.org/10.32598/hsmej.10.4.493.1.

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Background and Objectives: Abortion has been accompanied by challenges in various legal systems and religious doctrines, with different countries adopting varying criminal policies regarding it. Regardless of the legal systems’ perspectives on the permissibility of abortion, the issue of criminal and civil liability of medical staff in cases of abortion remains significant. While various provisions have been set forth in the Islamic penal code (IPC) and the law on protection of family and youth in Iran, the concept of negligence has received less attention in this field. The aim of this resear

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Lotfi, Iraj. "Criminal Responsibility of Children in International Documents and Comparative Study with Iranian Law." Journal of Politics and Law 10, no. 3 (2017): 98. http://dx.doi.org/10.5539/jpl.v10n3p98.

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Criminal growth, reach the age that person has the power of discernment and full recognition of good and evil actions and understand the legal and religious commandments and on the basis of the criminal in front of their criminal acts, will have criminal responsibility. This article is to examine the criminal liability of children with attitudes to Iran and some countries with international rules. United Nations as a global organization, without following any legal system and also due to the diverse needs of member countries, providing solutions in the field of juvenile delinquency in the form

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Dr. Ghulam Dastgeer Shaheen, Dr. Nazia Perveen та Dr. Mehboob Ali Shah. "پاکستانی مسلم عائلی قوانین میں تعدد ازدواج کی شرائط و ضوابط: شرعی و قانونی تناظرImpediments and Edicts of Polygamy in Muslim Family Laws of Pakistan: Sharʻiah and Legal Perspective". Al-Qamar 5, № 1 (2022): 53–62. https://doi.org/10.53762/wtkk3077.

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Muslim society has distinct communal norms from the West. The modernization of the global world created tension for Muslim zones, particularly Muslim Family Laws. Classical Islamic family law permitted the husband to enter into a maximum of four marriages at a time. In the contemporary Muslim world, Polygamy has marked the most contentious and unsettled legal issue. It requires an academic study on the advantages and disadvantages of Polygamy. The state of Pakistan introduced some impediments and edits for a second marriage to secure women's rights Failure to the state regulations will impose

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Hidayat, Taufik, Muhammad Rafiq Mohamad, Ariffansuri, and Muhammad Husnul Mubarak. "Legitimate Living Fiqh Jinayah inside the Newest Indonesian Book of Criminal Law." Semarak International Journal of Islamic Studies and Culture 4, no. 1 (2025): 1–17. https://doi.org/10.37934/sijisc.4.1.117b.

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On January 2, 2026, Indonesia officially adopted the newest Criminal Code, namely Law no. 1 of 2023 concerning the Criminal Code. This National Criminal Code is proof of decolonization by abandoning the WVSI (Wetboek van Straftrecht) which has been used since the Dutch colonial era. One proof of this decolonization is the recognition of the laws that exist in Indonesian society, as contained in Article 2 "The provisions referred to in article 1 paragraph 1 do not reduce the validity of the laws that exist in society which determine that a person deserves to be punished even if the act is not r

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Hidayat, Taufik, Muhammad Rafiq Mohamad, Ariffansuri, and Muhammad Husnul Mubarak. "Legitimate Living Fiqh Jinayah inside the Newest Indonesian Book of Criminal Law." Semarak International Journal of Islamic Studies and Culture 4, no. 1 (2024): 1–17. https://doi.org/10.37934/sijisc.4.1.117.

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On January 2, 2026, Indonesia officially adopted the newest Criminal Code, namely Law no. 1 of 2023 concerning the Criminal Code. This National Criminal Code is proof of decolonization by abandoning the WVSI (Wetboek van Straftrecht) which has been used since the Dutch colonial era. One proof of this decolonization is the recognition of the laws that exist in Indonesian society, as contained in Article 2 "The provisions referred to in article 1 paragraph 1 do not reduce the validity of the laws that exist in society which determine that a person deserves to be punished even if the act is not r

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Hatta, Moh. "Prospek Pemberlakuan RKUHP Pasca Disahkan Menjadi Undang-undang dalam Perspektif Maqasid Syariah." Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam 25, no. 2 (2022): 248–62. http://dx.doi.org/10.15642/alqanun.2022.25.2.248-262.

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This paper aims to analyze the principles and concepts that must be done with the reform of Criminal Law in Indonesia and an overview of maqasid al-sharì'ah upon this reform. At the end of the paper, two things are concluded. First, to welcome the discussion on the Bill of the Criminal Code, several points of thought need to be considered: The adjustments to human rights and respect for freedom of expression based on the needs of modern times and should accommodate the existence of customary law. It also should emphasize that justice must take precedence over legal certainty. The Bill should e

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Rezaei, Ali, Mozafar Bashokoh, and Jafar Salmanzadeh. "Jurisdictional and Legislative Scope of the Compensation System for Unjustified Detention in Iranian and French Law." Comparative Studies in Jurisprudence, Law, and Politics 7, no. 1 (2025): 160–72. https://doi.org/10.61838/csjlp.7.1.10.

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One of the most important powers that judicial authorities hold in the fight against crime is the right to detain suspects and accused individuals. It is possible that the final outcome of criminal proceedings may result in acquittal or dismissal of charges against an individual. The damages incurred by the suspect or accused person are issues that require discussion and analysis. Therefore, the aim of this article is to examine the doctrinal and legislative scope of the compensation system for unjustified and unlawful detention in Iranian and French law. This article is descriptive-analytical

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Soltani, Samira, and Ahmad Ramazani. "Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities." Journal of Politics and Law 9, no. 6 (2016): 61. http://dx.doi.org/10.5539/jpl.v9n6p61.

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One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a b

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Tobroni, Faiq. "NUSYŪZ DALAM TINJAUAN PRINSIP HAM." Al-Maslahah : Jurnal Ilmu Syariah 16, no. 1 (2020): 40–63. http://dx.doi.org/10.24260/al-maslahah.v16i1.1783.

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This paper aims to use human rights principles to reconsider nusyūz's arrangements in the Compilation of Islamic Law in Indonesian. This goal will be achieved by answering two questions, namely: what are the problems arising from the regulation of nusyūz? and why does the regulation need to be reviewed? This study uses a qualitative research method with a literature approach. Data obtained through documentation. This study found that the Compilation of Islamic Law actually narrowed the adoption of nusyūz only to wives, resulting in unequal relations which is gender biased. Shar'i arguments to

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Iqbal, M. "KONSEP DIYAT SEBAGAI SOLUSI KESEJAHTERAAN KELUARGA KORBAN PEMBUNUHAN DAYA PAKSA (OVERMACHT)." IBLAM LAW REVIEW 1, no. 3 (2021): 101–20. http://dx.doi.org/10.52249/ilr.v1i3.41.

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In discussing criminal liability, we will talk about the perpetrator of a criminal act, namely someone who has committed an act that is expressly prohibited and threatened with criminality by law, ideally that person should be convicted or punished. Likewise, the perpetrators of murder are threatened with imprisonment in accordance with the provisions of the Criminal Code. However, the perpetrators of criminal acts are not always punished because the Criminal Code provides several reasons that can erase a person's guilt so that they are free from all punishments. One of them is coercive power

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Iqbal, M. "KONSEP DIYAT SEBAGAI SOLUSI KESEJAHTERAAN KELUARGA KORBAN PEMBUNUHAN DAYA PAKSA (OVERMACHT) PERSPEKTIF MAQASHID SYARIAH." IBLAM LAW REVIEW 1, no. 3 (2021): 101–20. http://dx.doi.org/10.52249/ilr.v1i3.28.

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In discussing criminal liability, we will talk about the perpetrator of a criminal act, namely someone who has committed an act that is expressly prohibited and threatened with criminality by law, ideally that person should be convicted or punished. Likewise, the perpetrators of murder are threatened with imprisonment in accordance with the provisions of the Criminal Code. However, the perpetrators of criminal acts are not always punished because the Criminal Code provides several reasons that can erase a person's guilt so that they are free from all punishments. One of them is coercive power

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Ramdan, Ajie. "Aspek-Aspek Konstitusional Penodaan Agama Serta Pertanggungjawaban Pidananya di Indonesia." Jurnal Konstitusi 15, no. 3 (2018): 616. http://dx.doi.org/10.31078/jk1538.

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Penodaan agama dalam konteks penafsiran konstitusi telah dijabarkan oleh Mahkamah Konstitusi (MK) dalam Putusan Nomor 140/PUU-VII/2009. UU Pencegahan Penodaan Agama tidak menentukan pembatasan kebebasan beragama, akan tetapi pembatasan untuk mengeluarkan perasaan atau melakukan perbuatan yang bersifat permusuhan, penyalahgunaan atau penodaan terhadap suatu agama serta pembatasan untuk melakukan penafsiran atau kegiatan yang menyimpang dari pokok-pokok ajaran agama yang dianut di Indonesia. Pembatasan-pembatasan tersebut hanya dapat dilakukan dengan Undang-Undang dengan maksud semata-mata untuk

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Zadnahal, Sahar, and Iraj Goldozian. "An Investigation into the Rule of Action in the Penal System." Journal of Politics and Law 9, no. 2 (2016): 96. http://dx.doi.org/10.5539/jpl.v9n2p96.

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<p>According to definite jurisprudential principles and rules, when a person acts against himself and accepts the incurrence of damage, he will be deprived of all or some part of the claim for compensation. The rule of action constitutes the basis of this lack of benefit in Islamic and Iran’s law, while the principles of consent and participation in the fault underlie it in the common law. Studying research studies conducted in relation to the rule of action in Iran and Britain’s law it could be argued that the rule of action is among the cases discussed in criminal law and on the issue

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Amalia, Renata. "Pertanggungjawaban Korporasi dalam Tindak Pidana ‎Pencucian Uang menurut Hukum Islam." Al-Jinayah: Jurnal Hukum Pidana Islam 2, no. 2 (2016): 385–407. http://dx.doi.org/10.15642/aj.2016.2.2.385-407.

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Abstract: This article highlights a corporate responsibility in the crime of money laundering in accordance with Islamic law. Corporate criminal liability set forth in article 6 of Law No. 8 of 2010 which states that in the case of money laundering as defined in Article 3, Article 4 and Article 5 committed by a corporation, crime laid against and/or personnel controlling corporation. Islamic law also recognize the existence of the legal entity or corporation. This is evidenced by the jurists who introduced treasury as the legal agency. It has rights and can take legal action but can not be bur

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Eskandari, Fatemeh. "Comparative Study of Property Destruction Crime Case Study: Iranian and British Law." International Journal of Social Sciences and Humanities Invention 6, no. 11 (2019): 5698–701. http://dx.doi.org/10.18535/ijsshi/v6i11.02.

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Destruction of property means the deliberate destruction or incomplete destruction of material property belonging to others, which is punishable by law. In Islamic law, according to the rule of loss, the sentence is punishable by indemnity (civil liability), and the act of damaging another's punishment is punishable by damaging the property of another. In the criminal law of Iran, the crime in addition to the common elements of all crimes has its own specific elements, not only in the Islamic Penal Code, but also in the various laws and regulations that the legislator has prescribed to prevent

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Akli, Zul, and Muhammad Nasir. "Criminal Law Liability For Business Owners Who Do Not Implement Halal Product Warranties In Aceh." Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 2 (December 27, 2022): 00006. http://dx.doi.org/10.29103/micolls.v2i.76.

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The guarantee of the halalness of a product is a mandatory requirement for Muslims, be it food, medicine or other consumer goods, whose halal products are suitable for consumption to consumers, which is the obligation of every trader. Likewise with government agencies providing halal certificates is an obligation so that the products circulating are guaranteed to be halal. And strict sanctions, especially criminal sanctions against perpetrators of internal violations who do not use the halal guarantee label, which have been regulated in Law Number 33 of 2014 concerning Halal Product Guarantees

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Bisyri, Mohammad Hasan, Shofian Ahmad, Mubarok, and Uswatun Khasanah. "Between Islamic Law and State in Zakat Collection: Legitimacy of Mosque Management (Takmir)." Hikmatuna : Journal for Integrative Islamic Studies 10, no. 2 (2024): 207–17. https://doi.org/10.28918/hikmatuna.v10i2.9103.

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Zakat has enormous economic, social, and worship values. It has encouraged several social institutions to try to collect zakat funds for Islamic development (da'wah), one of which is carried out by the mosque management (takmir). However, many of them lack legal legitimacy. This article aims to analyse the legality of takmir that do not have legality as zakat fund collectors, explore the reasons for the lack of mosque takmir that have legal legality as zakat collecting institutions, and analyse the legal implications. The research employed a qualitative method utilizing a normative juridical a

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Fahmi, Muhammad Riza. "Overmacht Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Korban Meninggal Dunia Perspektif Fiqh JinÂyah." Al-Jinayah: Jurnal Hukum Pidana Islam 1, no. 2 (2015): 327–35. http://dx.doi.org/10.15642/aj.2015.1.2.327-335.

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Abstract: The Judge’s ruling in the legal decition of the Lamongan District Court No. 164/Pid.B/2013/PN.LMG on the crime of persecution that causes the death of the victim is regarded true since it has been fulfilled all elements as required by Article 351 Paragraph (3) of Criminal Code as indicted by the public prosecutor. In deciding this case, the judge also considered the testimony of witnesses, the information from the defendant, the facts revealed at the hearing as well as the things that burdensome and relieve the defendant. Therefore, the defendant shall be sentenced for 5 months in pr

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Imaduddin, Ahmad. "Tinjauan Hukum Pidana Islam terhadap Kejahatan Korporasi dalam Lingkungan Hidup." Al-Jinayah Jurnal Hukum Pidana Islam 5, no. 2 (2019): 265–88. http://dx.doi.org/10.15642/aj.2019.5.2.265-288.

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Corporate crime is indeed significant to discuss, because it cannot be denied that the role of the corporation is now very important. In this case there needs to be strict criminal liability, so that corporations do not pollute rivers, beaches or endanger the lives of workers or the public or others. Also so that the corporation does not become a fertile ground for corruption. This paper comes with the aim of wanting to know the review of Islamic criminal law against corporate crime. At the end of the paper, it is concluded that: (1) corporate crime in Law No. 23/1997 concerning Environmental

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Asghari, Mohammad Rahim. "The Basics of Physician Liability Case (Ayatollah Mohseni's Perspective with Emphasis on Afghan Jurisprudence and Laws)." Scientific-Research Quarterly Journal of Law Knowledge 2, no. 5 (2024): 19–42. https://doi.org/10.62134/srqjl/v2.i5.202412.2.

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The subject of this article is the basics of physician liability in the actions and practices of the physician, which have been examined in a comparative manner in the jurisprudence and laws of Afghanistan and in a descriptive-analytical manner, from the perspective of the venerable jurist, Grand Ayatollah Mohseni (RA), including the basics that he has accepted or rejected with reason; if medical procedures are carried out in good faith and in compliance with technical principles and with the consent of the patient or his legal representative, or in emergency situations and based on medical em

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