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Wardani, Sri Rizki
EHMRI Institute
Arts Humanities

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Analysis of the Hadith on the Crime of Sariqah From the Perspective Of Criminal Law (Hudud) Wardani, Sri Rizki; Zaviril, Yasmin Raihanah
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i2.29194

Abstract

This study aims to analyze hadiths related to the crime of sariqah (theft) from the perspective of jinayah law, specifically in the category of hudud. Sariqah is a criminal act in Islamic law that has strict sanctions, as regulated in the Qur'an and clarified through the hadith of the Prophet Muhammad SAW. The research method used is qualitative research with a normative approach, namely through a literature study of hadith sources and jinayah fiqh literature. The results of the study indicate that the application of hudud punishment to perpetrators of sariqah cannot be done immediately, but must meet certain conditions, such as fulfilling the nisab, the presence of an element of intent, and the absence of doubts. The hadiths that discuss sariqah provide detailed explanations regarding the limitations, criteria, and conditions that influence the determination of punishment. Thus, hudud law in the case of sariqah is not only repressive, but also reflects the principles of justice, prudence, and protection of individual rights in society. This research is expected to provide a more comprehensive understanding of the concept of sariqah in the hadith and its relevance in the study of Islamic criminal law.
Application of the Money Laundering Law to Corruption Crimes Wardani, Sri Rizki; Siregar, Galih Pratama
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29138

Abstract

This study examines the application of the Anti-Money Laundering Law (AML) in handling corruption in Indonesia. Corruption not only results in state financial losses but is also often accompanied by perpetrators' attempts to conceal the proceeds of crime through money laundering mechanisms. Therefore, the AML Law plays a strategic role as a legal instrument in tracing, freezing, and confiscating assets resulting from criminal acts. This study uses a normative juridical method with a statutory approach and case analysis. The results show that the application of the AML Law can broaden the scope of law enforcement, not only against the main perpetrators but also parties involved in the flow of illegal funds. In addition, the reverse burden of proof mechanism makes it easier for law enforcement officials to identify irregularities in the perpetrators' assets. However, its implementation still faces various obstacles, such as weak coordination between institutions and the complexity of tracking financial transactions. Therefore, optimizing the application of the AML Law is necessary to increase the effectiveness of corruption eradication and support the recovery of state losses.
Jarimah Al-Riddah from the Perspective of Islamic Law and its Relevance in the Legal System in Indonesia Wardani, Sri Rizki; Harahap, Humaira Hananni
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29103

Abstract

This study aims to analyze the concept of jarimah al-riddah from the perspective of Islamic criminal law and examine its relevance in the Indonesian legal system. Jarimah al-riddah is understood as an act of leaving the Islamic religion which in classical Islamic criminal law is categorized as a criminal act with certain sanction consequences. This study uses a normative legal research method with a statutory and conceptual approach, through a study of Islamic legal sources and applicable laws and regulations in Indonesia. The results of the study indicate that there are differences of opinion among scholars regarding the application of sanctions against perpetrators of riddah, especially in the context of modern society. On the other hand, the Indonesian legal system does not explicitly regulate jarimah al-riddah as a criminal offense, but rather emphasizes the protection of religious freedom as guaranteed in the constitution. Therefore, the application of the concept of jarimah al-riddah in the Indonesian context requires a contextual approach that takes into account human rights values and the principle of legal pluralism.
Co-Authors Harahap, Humaira Hananni Siregar, Galih Pratama Zaviril, Yasmin Raihanah