Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Vol 11 No 1 (2026): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam

Kesaksian Testimonium de Auditu dalam Kajian Hukum Pidana Islam

Sihab Siregar, Alwi (Unknown)
Lubis, Zulpahmi (Unknown)



Article Info

Publish Date
10 Jan 2026

Abstract

This study aims to analyze the position, probative value, and relevance of testimonium de auditu within the framework of Islamic criminal law, while also examining it in comparison with positive criminal law. This research employs a qualitative library-based methodology using a normative juridical approach, enriched by conceptual and comparative approaches. Data are analyzed through content analysis and critical discourse analysis of fiqh jinayah literature, usul al-fiqh, and contemporary scholarly works. The findings indicate that testimonium de auditu does not possess the authority of a primary evidentiary instrument in Islamic criminal law; nevertheless, it may be conditionally accepted as supporting information through the concepts of istifadah and maslahah. These findings underscore the normative flexibility of Islamic criminal law in responding to the complexities of modern evidentiary practices while maintaining principles of prudence and substantive justice.

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Journal Info

Abbrev

legalite

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and ...