El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol. 11 No. 2 (2025): EL FAQIH

Tindak Pidana Penipuan Dalam Perspektif Hukum Positif dan Fiqih Jinayah: Studi Putusan Pengadilan Negeri Bukittinggi

Selly Stephani (Unknown)
Syaiful Munandar (Unknown)



Article Info

Publish Date
30 Oct 2025

Abstract

Islam prohibits all types of crimes, including all forms of fraud. Fraud is an evil act committed by someone by deceives others. When viewed from the perspective of the actions and elements of fraud, it appears that there are similarities between fraud and crimes regulated in Islamic law, such as ghulul, treason, and lying. The research approach used is Normative Juridical legal research. The purpose of this study is to determine the regulation of the Criminal Act of Fraud in the Criminal Code and Fiqh Jinayah. And how is the process of resolving the Criminal Act of Fraud in case NO 6 / Pid.B / 2024 / PN Bkt, with the following conclusions: In Islamic criminal law, perpetrators of fraud will receive ta'zir punishment. This is because ta'zir is a type of punishment whose final decision is in the hands of the government, especially the judge who gives the verdict. The judge has the freedom to choose the type of punishment based on their assessment. This also applies to cases of fraud that have been regulated in Article 378 of the Criminal Code.

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Journal Info

Abbrev

faqih

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...