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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal Sahabat ISNU SU
Zaid Alfauza Marpaung
State Islamic University of North Sumatra
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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The Criminal Acts of Qisas and Diyat from the Perspective of Islamic Law Hasan Munthe; Zaid Alfauza Marpaung
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29104

Abstract

This study aims to analyze the concept of qisas and diyat crimes from an Islamic legal perspective and their relevance in the context of modern law. Qisas is a form of punishment that is proportionate to the perpetrator of a crime, especially regarding the loss of life and body parts, while diyat is compensation or restitution given to the victim or the victim's family as an alternative to implementing qisas. Both concepts have a strong legal basis in the Qur'an and Hadith, which shows that Islamic criminal law has systematically regulated the protection of the right to life. The research method used is normative legal research with a conceptual and legislative approach. The data used are secondary data obtained through literature studies, including primary, secondary, and tertiary legal materials. Data analysis was conducted qualitatively by interpreting and reviewing various relevant legal sources. The research results show that qisas and diyat not only function as sanctions, but also embody the values of justice, humanity, and balance. Qisas provides a deterrent effect and ensures justice for the victim, while diyat opens up space for a more peaceful resolution through forgiveness. In the context of modern law, the concept of diyat shares similarities with the restorative justice approach, which emphasizes restoring the relationship between the perpetrator and the victim. Therefore, the values embodied in qisas and diyat remain relevant for study and can serve as a reference in developing a more humane and just criminal law.
Evidence in Islamic Criminal Law Jasni bin Sulong; Zaid Alfauza Marpaung; Gifa Nur Syahara; Sabariana Siregar
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

Evidence constitutes a fundamental element in the Islamic criminal justice system, serving as the primary basis for establishing criminal liability while safeguarding the rights of the accused. Islamic criminal law upholds the principle of the presumption of innocence, whereby no individual may be convicted without clear, valid, and convincing evidence. This study aims to examine the concept of evidence in Islamic criminal law, identify the recognized forms of admissible evidence, and analyze the mechanisms for their application in criminal proceedings. This research employs a normative legal research method using a library research approach by examining the Qur'an, Hadith, classical and contemporary Islamic legal literature, statutory references, and relevant scholarly publications. The findings indicate that Islamic criminal law recognizes several forms of evidence, including confession (iqrār), testimony (shahādah), oath (yamīn), refusal to take an oath (nukūl), collective oath (qasāmah), the judge’s knowledge ('ilm al-qāḍī), and circumstantial evidence (qarīnah). Each form of evidence possesses specific legal requirements and varying evidentiary value depending on the nature of the criminal offense. The evidentiary process is governed by the principle that the burden of proof rests upon the claimant, while the defendant has the right to deny the allegation through legally recognized means. Particularly in cases involving ḥudūd and qiṣāṣ, Islamic law requires a higher standard of proof to avoid wrongful convictions and ensure justice. The study concludes that the Islamic evidentiary system is designed not only to determine criminal responsibility but also to protect human rights, uphold fairness, and ensure that judicial decisions are based on certainty rather than suspicion.
Hudud Jarimah From A Criminal Law Perspective Islam: Analysis Of Legal Basis Forms Of Criminal Acts and Evidence System Hisam Ahyani; Zaid Alfauza Marpaung; Syawaliyah Fitri; Intan Nur aini Harahap; Rabbany Al Ghifari
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

Hudud crimes are a category of criminal offenses in Islamic criminal law that have special characteristics because the types of prohibited acts and their sanctions have been firmly established based on the Qur'an and Sunnah. The position of hudud in the Islamic legal system indicates its role as a legal instrument aimed at maintaining public order, protecting public interests, and preventing the emergence of various forms of crime. This study aims to examine the concept of hudud crimes, the normative basis for their application, various forms of criminal offenses included in the hudud category, and their relevance in the development of contemporary legal systems. The method used is normative legal research with a library approach, through a review of Islamic legal sources, such as the Qur'an, hadith, fiqh jinayah literature, and various other Islamic legal references. As a means of imposing sanctions, hudud also has a preventive dimension that aims to suppress the potential for crime through a preventative effect and increasing legal awareness in society. Furthermore, the application of hudud punishments requires stringent evidentiary requirements to minimize the possibility of error in sentencing. Therefore, a comprehensive study of hudud requires attention to normative, philosophical, and sociological aspects to ensure its understanding remains proportionate and relevant to the dynamics of modern legal developments. The concept of hudud itself is part of the study of Islamic jurisprudence (fiqh jinayah), which regulates criminal acts and their sanctions in Islamic law.
Co-Authors Gifa Nur Syahara Hasan Munthe Hisam Ahyani Intan Nur aini Harahap Jasni bin Sulong Rabbany Al Ghifari Sabariana Siregar Syawaliyah Fitri