Article Per Year (5 Year)
p-Index From 2021 - 2026
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This Author published in this journals
All Journal TANJAK: Journal of Education and Teaching Borneo International Journal of Islamic Studies
Muhammad Sufiyan
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Chemistry Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

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Hirabah in the Perspective of the Qur’an and the Indonesian Criminal Code: A Maqasid al-Sharia and Deterrence Theory Analysis Amalia Husna Islamy; Muhammad Sufiyan; Mohammad Arif
Borneo International Journal of Islamic Studies Vol. 8 No. 1 (2026): Borneo International Journal of Islamic Studies, Vol. 8(1), May 2026
Publisher : Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/bijis.v8i1.13173

Abstract

This study examines the relationship between the Qur’anic concept of ḥirābah and violent theft under Article 479 of Indonesia’s Law Number 1 of 2023 concerning the Criminal Code. While previous studies have discussed ḥirābah from doctrinal, comparative, and contextual perspectives, they have not sufficiently clarified the limits of equivalence between ḥirābah and violent theft within Indonesian positive law. This article addresses that gap by employing a qualitative normative method and a functional-comparative framework. The analysis focuses on legal foundations, protected interests, elements of offense, public-security implications, structure of sanctions, and procedural safeguards. The findings show that ḥirābah and Article 479 KUHP overlap in their concern with violence, intimidation, protection of property, and disruption of public security. However, they differ significantly in legal ontology, scope, penal logic, and normative justification. Ḥirābah is framed as a grave offense against public order and social security, whereas Article 479 KUHP remains doctrinally anchored in the offense of theft aggravated by violence. Within maqāṣid al-sharÄ«”˜ah, the punishment for ḥirābah is understood as a means of protecting life, property, and public security. Drawing on contemporary deterrence theory, the study argues that the effectiveness of punishment depends not merely on severity but also on certainty, consistency, proportionality, and procedural legitimacy. The article also addresses contemporary human rights concerns surrounding ḥudÅ«d punishments, emphasizing due process, evidentiary safeguards, and protection against arbitrary enforcement. The study contributes an integrative model for reading Islamic criminal law and modern criminal law as distinct yet dialogical legal traditions.
The Ethics of ChatGPT Use in Islamic Education: The Reactualization of Adab in Ta‘lim al-Muta‘allim Fauziyah Muliya Ningsih; Muhammad Sufiyan
TANJAK Vol 7 No 2 (2026): Agustus
Publisher : Jurusan Tarbiyah dan Pendidikan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35961/tanjak.v7i2.3049

Abstract

The development of generative AI, particularly ChatGPT, has transformed the way students obtain information, formulate ideas, and complete academic assignments. Despite its benefits, the use of ChatGPT in Islamic education raises ethical problems, such as plagiarism, technological dependence, weak source verification, declining seriousness in learning, and shifts in scholarly authority. This article aims to reactualize the values of Ta‘lim al-Muta‘allim by Burhanuddin al-Zarnuji as an ethical framework for the use of ChatGPT in Islamic education. This study employs a library research method with a qualitative-conceptual approach. The data were analyzed through content analysis of the values of intellectual adab in Ta‘lim al-Muta‘allim and conceptual analysis to formulate their relevance to the ethical problems of generative AI. The findings indicate that the values of intention, respect for knowledge, respect for teachers, diligence, wara‘, honesty, and the beneficial use of knowledge can be reactualized as ethical principles for the use of ChatGPT. This article emphasizes that ChatGPT should be positioned as a learning aid that is subject to adab, rather than as a substitute for teachers, the thinking process, and scholarly responsibility. The novelty of this study lies in the development of a normative-operational matrix that connects the ethical problems of ChatGPT use, al-Zarnuji’s values of adab, principles of digital ethics, and pedagogical actions. In practical terms, this framework can be used by educators and Islamic educational institutions as a basis for developing guidelines for AI use, assignment design, source verification processes, and the cultivation of students’ academic integrity.
Co-Authors Amalia Husna Islamy Fauziyah Muliya Ningsih Mohammad Arif