Jurnal Sahabat ISNU SU
Vol. 1 No. 1 (2024): ISNU Sahabat Mei 2024

The Crime of Theft by Workers in the Workplace: A Review of the Concept of Ghulul in Islamic Criminal Law

David Nwanna Dumbiri (University of Benin, Benin City)
Yovani Zela (State Islamic University of North Sumatra)
Jihan Aulia (State Islamic University of North Sumatra)
Yunanta M. Hafiz (State Islamic University of North Sumatra)
Ivan Vaizal (State Islamic University of North Sumatra)



Article Info

Publish Date
30 May 2024

Abstract

This study analyzes theft by workers in the workplace not merely as a crime against property (larceny), but as a form of betrayal of trust (fiduciary duty) in the context of Islamic criminal law. Using a normative approach based on literature studies, this journal examines the concept of Ghulul from the perspective of the Qur'an, Hadith and fiqh jinayah literature (Islamic criminal law), then compares it with the construction of theft in the Indonesian Criminal Code. The employment relationship is analyzed through the framework of the ijarah contract, where the worker acts as an amin (trusted party) who has special obligations. This study shows that criminal liability from the perspective of ta'zir (discretionary punishment) provides more comprehensive justice, going beyond mere punishment, including recovery of losses and social sanctions. In addition, the value of trust in the Islamic perspective can strengthen the company's internal control system. In conclusion, Ghulul is a relevant legal instrument to criminalize and prosecute acts of betrayal of trust in modern employment relationships, while also offering an alternative criminal liability that is more in line with substantive justice.

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Journal Info

Abbrev

jsisnu

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes, but is not limited to: Primary, Secondary, and Higher Education Studies on curriculum development, teaching strategies, assessment, and competency building at various levels of education. Educational Management and Policy Research on leadership, school governance, ...