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All Journal Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan
Lahmudinur
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JARIMAH TA'JIR MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Erly Sulistiyawati; Siti Rahmah; Lahmudinur
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

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This study discusses jarimah ta'jīr as a form of criminal offense in Islamic law whose sanctions are not explicitly determined in the Qur'an and Hadith, but are left to the authorities or judges through their respective ijtihad based on the principle of maslahah. The research method used is qualitative with a literature approach, through analysis of primary and secondary sources of Islamic law. The results of the study show that jarimah ta'jīr has high flexibility so that it can accommodate various forms of contemporary crimes such as cybercrime, corruption, drugs, human trafficking, and copyright infringement. The main purpose of applying ta'jīr sanctions is not only repressive but also preventive, educational, and socially corrective, in line with maqāṣid al-syarī'ah in protecting religion, life, intellect, property, and offspring. Thus, jarimah ta'jīr plays an important role in maintaining the relevance, justice, and dynamics of Islamic law in the modern era, while also serving as an adaptive instrument that bridges Sharia values with current global legal challenges and ensures the proportional and sustainable protection of individual and community rights.
Hukuman Pidana Dalam Islam: Analisis Konseptual, Maqāṣid Asy-Syarī‘ah, Dan Relevansi Kontemporer Maulida Hasanah; Muna Hasanah; Noormala Santi; Lahmudinur
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

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Islamic criminal law, or fiqh jinayah, plays a crucial role within the religious legal framework that governs social life. Its primary purpose is to safeguard the five fundamental principles of the Sharia, namely the protection of religion, life, intellect, lineage, and property. This study aims to analyze the foundational concepts of punishment in Islam, including the categories of hudud, qisas-diyat, and ta’zir, while also examining how these legal concepts relate to contemporary legal systems. The research gap addressed in this study lies in the limited comprehensive analyses that integrate the perspective of maqasid al-shariah with constitutional challenges and human rights issues in contemporary Islamic criminal law discourse, particularly within Indonesian scholarship over the past five years. Therefore, this research offers novelty through an interpretative approach that combines normative-theological principles with an analytical examination of modern legal regulations. The sources examined include the Qur’an, Hadith, classical fiqh works, as well as academic literature and recent studies published between 2020 and 2025. The data were analyzed using content analysis and analytical comparison techniques, while data validation employed source triangulation by comparing scriptural texts, classical juristic opinions, and contemporary research findings. The results show that the implementation of Islamic criminal law today faces various challenges, especially those related to constitutional frameworks, legal pluralism, and human rights concerns. However, through an approach grounded in maqasid al-shariah and the principle of proportionality, Islamic criminal law can be reinterpreted to remain relevant, humane, and aligned with substantive justice.
Zina Dalam Perspektif Hukum Pidana Islam Rzky Amelia; Soleha, Maulida; Septian Yoga Pangestu, Muhammad; Lahmudinur
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

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This study examines zina from the perspective of Islamic criminal law, focusing on its definition, legal requirements, sanctions, and the underlying wisdom behind its prohibition. The research stems from the increasing prevalence of free association among youth, which contributes to moral decline and social problems. Employing library research with a normative–theological approach, data were collected from the Qur’an, Hadith, classical and contemporary fiqh, as well as Indonesian positive law. The findings show that zina is defined as unlawful sexual intercourse outside a valid marriage contract and is categorized as a jarimah hudud with strict evidentiary requirements, such as the testimony of four male witnesses or voluntary confession. The sanctions vary according to the perpetrator’s marital status: one hundred lashes and exile for unmarried offenders, and stoning to death for married offenders. In comparison, Indonesian law treats zina as a complaint-based offense with lighter penalties, whereas Islamic law emphasizes moral protection and deterrence. The prohibition of zina serves to protect honor, lineage, health, family harmony, and overall morality. This research highlights the importance of strengthening moral education and integrating the values of Islamic criminal law into national legislation to address contemporary social challenges.
MINUM KHAMER MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Diah Astuti; Nor Halisa; Ranti Sari; Lahmudinur
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

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The act of consuming khamer (alcoholic beverages) and the sanctions imposed on the offenders. The research employs a normative juridical approach by examining primary legal sources such as the Qur’an, Hadith, and both classical and contemporary fiqh literatures. The findings indicate that drinking khamer is classified as a jarimah hudud since it is explicitly prohibited in Islamic law. The prohibition aims to protect human intellect (hifz al-‘aql), one of the fundamental objectives of maqāṣid al-syarī‘ah, which safeguards moral and social order. The prescribed had punishment, consisting of forty to eighty lashes, is not merely punitive but also serves educational and preventive purposes. Furthermore, the prohibition carries profound wisdom in promoting a healthy, ethical, and dignified society. This study concludes that Islamic criminal law embodies comprehensive principles of justice and public welfare in maintaining social harmony.
Perampokan Menurut Perspektif Hukum Pidana Islam Noor Fatma Zahura; Siti Khadijah; Sri Helma Hidayah; Lahmudinur
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

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This research aims to analyze robbery (ḥirābah) from the perspective of Islamic criminal law (fiqh jinayah), exploring its legal foundations, elements, and sanctions within the framework of the Qur’an, Hadith, and classical as well as contemporary jurisprudence. It addresses the relevance of Islamic principles in the context of Indonesia's positive law, particularly in combating violent crimes that threaten public safety. The study employs a qualitative-descriptive method with a normative juridical approach, specifically using doctrinal analysis to interpret primary Islamic legal sources (such as the Qur’an and Hadith) and secondary sources (classical fiqh works and contemporary journals). Comparative analysis is conducted with Indonesia's Criminal Code (KUHP), focusing on Article 365 regarding robbery, to identify similarities and differences in legal paradigms. The findings indicate that ḥirābah is classified as a ḥadd crime in Islamic law, endangering life and public safety (amān al-nās). Sanctions vary by severity, ranging from amputation to the death penalty, as outlined in Qur’an Surah al-Mā’idah (5):33. Comparatively, while KUHP emphasizes social protection and public order, Islamic law integrates divine justice and maqāṣid al-syarī‘ah to protect core human values (ḥifẓ al-nafs, ḥifẓ al-māl, etc.). The purpose of Islamic sanctions extends beyond retribution to deterrence and social harmony. This study concludes that integrating Islamic principles with positive law can enhance Indonesia's criminal justice system, promoting restorative justice aligned with Pancasila. Future research should explore empirical applications in Indonesian courts.
Co-Authors Diah Astuti Erly Sulistiyawati Maulida Hasanah Muna Hasanah Noor Fatma Zahura Noormala Santi Nor Halisa Ranti Sari Rzky Amelia Septian Yoga Pangestu, Muhammad Siti Khadijah siti rahmah Soleha, Maulida Sri Helma Hidayah