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

The Exemption of Punishment and Criminal Responsibility According to Islamic Criminal Law

Chifa Azyana Adly meknesya (Sidi Mohamed ben Abdellah Fes Morocco)
Viennalia Rizti Putri (State Islamic University of North Sumatra)
Sarah Rubina Ilham (State Islamic University of North Sumatra)



Article Info

Publish Date
30 May 2024

Abstract

The abolition of punishment and criminal liability in Islamic criminal law is a concept that demonstrates the flexibility of sharia in realizing justice and public welfare. This issue is important because in practice, Islamic criminal law is often perceived as a rigid and repressive system, even though normative mechanisms exist that allow for the abolition of punishment and criminal liability under certain conditions. This study aims to analyze the legal basis for the abolition of punishment, examine the various factors causing the abolition of punishment, and explain the concepts and factors that influence the abolition of criminal liability in Islamic criminal law. This study uses a qualitative method with a normative library research approach by reviewing the literature and various related scientific references. The results show that the abolition of punishment has a normative basis in Islamic law, which includes forgiveness, repentance, lack of evidence, coercion, and other legal conditions recognized by sharia. However, the abolition of punishment does not always mean the loss of criminal liability, because in certain conditions there are still forms of legal consequences such as diyat. Meanwhile, criminal responsibility in Islamic law depends on the fulfillment of the elements of reason, awareness, and freedom of will, so that factors such as mental disorders, not yet reaching puberty, coercion, and unintentional acts can cause criminal responsibility to be dropped or reduced.

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, ...