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

Concepts and Theories of Punishment in Islamic Criminal Law

Salwa Refanny (State Islamic University of North Sumatra)
Muhammad Syahzan Haraharap (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Sep 2024

Abstract

From a legal perspective, criminal punishment is part of the law enforcement apparatus that has a normative basis and ethical objectives rooted in the values of Islamic Sharia. This study focuses on an in-depth examination of the concept of criminal punishment, the theories underpinning it, and the forms of punishment in Islamic criminal law, along with their relevance to the development of the modern legal system today. This study employs a qualitative method with a juridical-normative approach through a literature review drawn from Islamic legal texts and various relevant and credible scholarly references. The research findings indicate that the structure of punishment in Islamic criminal law is divided into three main categories: hudud, qisas-diyat, and ta’zir, each of which reflects the principles of legal certainty, justice, and proportional flexibility. Furthermore, the theory of punishment in Islam encompasses retributive, preventive, and corrective approaches that function in an integrated and complementary manner to achieve the overall objectives of the law. Thus, punishment in Islamic criminal law is not merely repressive but also serves preventive and educational functions in fostering social order and the sustainable well-being of society.

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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, ...