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

Hukuman Had Bagi Pelaku Pencurian Berkelompok Menurut Hukum Islam; Analisis Perbandingan Empat Mazhab

Alwin Abdillah, Muhammad (Unknown)
Zikri, Awwaluz (Unknown)
Sufrizal, Sufrizal (Unknown)



Article Info

Publish Date
28 Jan 2026

Abstract

This study aims to analyze the concept of had punishment for perpetrators of group theft in Islamic law based on primary sources (the Quran, Hadith, and the opinions of jurists from various schools of law), to identify differences in scholarly views regarding the criminal liability of each member of the group, and to assess the relevance and challenges of its application within the context of contemporary law. This article constitutes library research employing a qualitative approach with a descriptive-analytical methodology. The findings indicate that there are significant differences among Islamic legal schools in determining the had punishment for group theft. Some scholars argue that the punishment of hand amputation applies to all group members if all are directly involved and the legal requirements are fulfilled. Others, however, distinguish between the principal offender (muqtarin) and accomplices, while also considering elements such as coercion or lack of knowledge. The study further reveals that, in the contemporary context, the enforcement of had punishment for group theft is often associated with the principles of syubhat (legal doubt), restorative approaches, and human rights protection, thereby necessitating adaptive ijtihad without neglecting the principles of justice and the objectives of Islamic law (maqashid al-shariah).

Copyrights © 2026






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 ...