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All Journal El-Sirry: Jurnal Hukum Islam dan Sosial
Bahri Bahri
Universitas Islam Negeri Sunan Kalijga Yogkarta
Religion Humanities Law, Crime, Criminology & Criminal Justice

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The Crime of Witchcraft in the Perspective of Islamic Law Bahri Bahri
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 4, No 1 (2026)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v4i1.21149

Abstract

The crime of witchcraft is a problem that has religious, social, and legal dimensions because its practice can cause physical, psychological, and social harm. This research aims to analyze the crime of witchcraft from the perspective of Islamic law, especially regarding the form, elements, and sanctions against the perpetrators. This research uses a normative juridical method with a conceptual and legislative approach. Data was obtained through the study of the Qur'an, hadith, jurisprudence, Islamic legal literature, and relevant laws and regulations. The results of the study show that magic in Islamic law has various forms and characteristics so that criminal liability is determined based on the form of the act, the elements of the offense, and the consequences caused. Acts that contain elements of disbelief or shirk have different legal consequences than practices that cause harm to the victim. If the practice of magic causes death and fulfills the element of murder, the responsibility can be analyzed through qishash-diyat, while an act that does not meet these elements can be subject to ta'zir. These findings show that the handling of witchcraft crimes from the perspective of Islamic law emphasizes the certainty of deeds, proof, accountability, and protection of the community.
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