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

Comparison of Sanctions for the Criminal Act of Robbery in Islamic Jurisprudence and Indonesian Criminal Law

Khairun Nisa (State Islamic University of North Sumatra)
Adella Nurul Azzahra (State Islamic University of North Sumatra)
Alya Syafa (State Islamic University of North Sumatra)
Zulkarnain Tuanku Lelo (State Islamic University of North Sumatra)
Annawawi Fairuzi (State Islamic University of North Sumatra)



Article Info

Publish Date
30 May 2024

Abstract

Robbery is a crime that frequently occurs in society and causes both material and psychological losses to victims. From an Islamic legal perspective, robbery is known as hirabah, which is the act of taking another person's property with violence or threats that instill fear in the community. Meanwhile, Indonesian criminal law regulates robbery as theft with violence as stipulated in Article 365 of the Criminal Code (KUHP). This study aims to analyze and compare the sanctions for the crime of robbery in Islamic jurisprudence (fiqh jinayah) and Indonesian criminal law. This study uses a normative legal research method with a statutory and comparative legal approach. Data were obtained through a literature review of the Qur'an, hadith, Islamic jurisprudence books, laws and regulations, and relevant scientific literature. The results show that Islamic jurisprudence stipulates hudud sanctions based on the level of crime committed by the perpetrator, while Indonesian criminal law applies imprisonment, life imprisonment, and the death penalty in certain circumstances. Despite differences in the form of sanctions, both legal systems have the same goal, namely to protect society, maintain public order, and provide a deterrent effect on perpetrators of criminal acts.

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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, ...