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

Analysis of the Crime of Hirabah in Islamic Criminal Law and Its Relevance to Modern Crimes

Ana Zuwita (State Islamic University of North Sumatra)
David Akmal Siregar (State Islamic University of North Sumatra)
Intan Tri Annisa Sihite (State Islamic University of North Sumatra)
Fayyadh Azizan Rahman Nst (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Sep 2024

Abstract

This study examines the concept of jarimah hirabah in Islamic criminal law and its relevance to modern crimes. The background of this research is based on the increasing occurrence of various contemporary crimes that threaten public security, such as armed robbery, terrorism, and organized crime. This study aims to analyze the concept of hirabah from the perspective of Islamic criminal law and to examine its compatibility with contemporary criminal phenomena. The research employs a normative legal method with a library research approach through the examination of relevant Islamic legal sources, including the Qur’an as the primary normative foundation analyzed through scholarly literature, as well as secondary legal materials in the form of academic journals, books, and relevant previous studies. The data were analyzed using a descriptive qualitative method. The findings indicate that hirabah is one of the hudud offenses characterized by the use of violence or threats of violence committed openly, resulting in fear and disruption of public security. In its development, the concept of hirabah is relevant to several forms of modern crime, including violent theft, terrorism, and organized crime, as these offenses share common elements such as the use of violence, the creation of fear, and disturbances to public order. Nevertheless, not all modern crimes can be classified as hirabah, as they must still fulfill the specific elements prescribed under Islamic criminal law. Therefore, hirabah can be understood as a relevant conceptual framework for analyzing modern crimes that threaten public security.

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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, ...