Jurnal Sahabat ISNU SU
Vol. 1 No. 2 (2024): ISNU Sahabat September 2024

The Combination of Criminal Acts (Ta'addud Al-Jara'im) in the Perspective of Fiqh Jinayah

Gita Ayu Maijani (State Islamic University of North Sumatra)
Fauzan Azhima (State Islamic University of North Sumatra)
Alya Zakira Harahap (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Sep 2024

Abstract

A combined criminal act is a situation when a person commits more than one criminal act before there is a legal decision with permanent force. In Islamic criminal law, this concept is known as ta'addud al-jarā'im. This research aims to examine the definition, legal basis, elements, forms, criminal system, and application of punishment to a combination of criminal acts in the perspective of fiqh jinayah and positive criminal law in Indonesia. The method used is library research with a descriptive-analytical approach through the study of the Qur'an, hadith, fiqh jinayah literature, and relevant laws and regulations. The results of the study show that the combined criminal acts have a strong legal basis in Islam that emphasizes the principles of justice, accountability, and benefit. The combined forms of criminal acts include idealistic concursus, realist concursus, and continuing acts. In the application of Islamic criminal law, punishment can be in the form of hudud, qishash and diyat, as well as ta'zir by considering the rights of Allah, human rights, and the benefit of society. The difference in the views of scholars regarding the application of punishment shows the flexibility of Islamic law in dealing with various forms of crime. Thus, the rules regarding combined criminal acts reflect the perfection of the Islamic legal system which is oriented towards justice, protection of the community, and the prevention of repeat crimes.must be written with

Copyrights © 2024






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, ...