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All Journal AT-TAFAHUM: Journal of Islamic Law
Zaviril, Yasmin Raihanah
State Islamic University of North Sumatra
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.
Co-Authors Wardani, Sri Rizki