Mahadi : Indonesia Journal of Law
Vol. 2 No. 2 (2023): Edisi Agustus 2023

Capital Punishment: Islamic Criminal Law Perspective

annisa annisa (USU)
Eka Putra (Universitas Sumatera Utara)
Muhammad Asla Fathi (Al-Azhar University)



Article Info

Publish Date
28 Aug 2023

Abstract

This paper delves into the multifaceted dimensions of capital punishment within Islamic criminal law, examining its application and underlying objectives. The study revolves around two primary objects:  the application of capital punishment and the objectives of implementing the death penalty. By exploring these dimensions, this paper seeks to elucidate the intricate interplay between justice, societal well-being, and legal philosophy within Islamic jurisprudence. The first object addresses the legal framework and ethical considerations surrounding the practice of capital punishment. Drawing from both retributive and consequentialist theories, the analysis illuminates the dual nature of Islamic jurisprudence in its pursuit of fairness and societal harmony. The second object investigates the objectives underpinning the death penalty's application. Rooted in the concepts of benefits (maslahah) and justice, Islamic legal thought underscores the balanced amalgamation of individual rights and collective welfare. In conclusion, this paper underscores the significance of collaborative efforts among legal scholars, policymakers, and communities to ensure a just and nuanced application of capital punishment. Through comprehensive engagement, Islamic societies can advance a holistic approach to punishment that aligns with the ethos of justice and societal well-being.

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Journal Info

Abbrev

Mahadi

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Mahadi: Indonesia Journal of Law is an academic journal for Legal Studies published by Universitas Sumatera Utara. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues as well as to publish innovative legal researches concerning laws and ...