Komparasi Hukuman Pidana Masyarakat Pinggiran dalam Perspektif Hukum Positif dan Hukum Islam

Sapri Ali (Institut Agama Islam Faqih Asy'ari Kediri)

El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol 5 No 1 (2019): EL-FAQIH

Abstract Islamic law strongly holds the principles of fairness in deciding a case. As the author described above that the person who stole because of compulsion or for fulfilling his life there is no punishment for him. Because the above cases are small cases that befall the people whose notables are not economically capable. Then what should be done to those fringe peoples? In the context of Islam, if they can not meet the daily needs (needs to eat or continue to live) then they will be dependent on the Baitul Maal or other languages that are responsible for themselves by following article 34 UUD 45 is poor and the displaced children are maintained by the state. This article will present a point of view on some criminal cases above from two different laws, namely Islamic law and the law in Indonesia.