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Suci Hidayati Malau
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Journal : ISNU Nine-Star Multidisciplinary Journal (INS9MJ)

 1 
Application of Ta'zir Punishment for Perpetrators of Corruption in the Perspective of Islamic Criminal Law Zaki Azmi Daffa; Alfiko Gio Pratama; Abdurrasyid Karim; Rayhan Nandini Telaumbanua; Suci Hidayati Malau
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.938

Abstract

Corruption is an extraordinary crime that causes great losses to state finances, damages social order, and erodes public trust. In Indonesia's positive law, corruption has been regulated in detail through various laws. However, a normative approach alone is not enough to provide a deterrent effect on the perpetrators. Therefore, Islamic law as a legal system rich in moral values and substantive justice offers an alternative approach through the concept of ta'zir punishment. This study aims to examine how the application of ta'zir punishment can be relevant and effective against corrupt perpetrators in the perspective of Islamic criminal law. The method used is normative legal research with a conceptual and historical approach. Data was obtained through literature studies on primary sources of Islamic law such as the Qur'an, hadith, and fiqh books, and also through analysis of positive legal regulations in Indonesia. The results of the study show that corruption in Islamic law can be categorized as jarimah ta'zir, so that the form and degree of punishment can be determined by the competent authorities. The punishment of ta'zir is flexible and can be in the form of imprisonment, fines, restitution of property, and social or administrative punishment. The principles of justice and benefit contained in ta'zir are considered to be able to provide a deterrent effect while encouraging moral reform of the perpetrators. This concept is relevant to be integrated into the national legal system in terms of values and ethics.
The Relevance of the Concept of Hirabah to Organized Crime and Modern Terrorism Hairul Anam; Ahmad Rifai Yoga; Nadilah Andini; Wenni Nahdiani Tanjung; Suci Hidayati Malau
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1325

Abstract

This study examines the relevance of the concept of hirābah in Islamic criminal law to contemporary organized crime and terrorism. Historically, hirābah addresses acts of open violence that threaten public security, instill fear, and disrupt social order, with sanctions aimed at protecting life, property, and communal stability. Using a normative legal research method with a qualitative approach, the study analyzes classical fiqh texts, contemporary scholarship, and comparative legal frameworks to explore the elements, characteristics, and objectives of hirābah. The findings reveal substantial conceptual alignment between classical hirābah and modern forms of collective violence, as both involve deliberate acts that destabilize society and generate widespread fear. However, contemporary crimes exhibit complex ideological, transnational, and technological dimensions requiring normative adaptation. The study concludes that while hirābah provides a valuable legal and sociological framework, its application to modern criminality necessitates contextual reconstruction, integrating Islamic jurisprudence with national and international legal systems for effective prevention, deterrence, and public security.
Co-Authors Abdurrasyid Karim Ahmad Rifai Yoga Ahmad Yasin Dongoran Alfiko Gio Pratama Fitria Mukhtar Siregar Hairul Anam Khairunnisa Siregar M. Abdillah Nadilah Andini Raja Muda Pahlevi Siregar Rayhan Nandini Telaumbanua Wenni Nahdiani Tanjung Zaki Azmi Daffa