Qonun Jurnal Hukum Islam dan Perundang-Undangan
Vol 10 No 1 (2026)

The Convergence Between Non- Conviction Based Asset Forfeiture and Hudūd in Islamic Criminal Law

Orin Gusta Andini (Mulawarman University East Kalimantan)
Irma Suriyani (The Center for Islamic Studies, Mulawarman University East Kalimantan)
Hediansyah Hamzah (Mulawarman University East Kalimantan)
Radja Autar Sinaga (The Center for Anti-Corruption Studies (SAKSI) East Kalimantan)



Article Info

Publish Date
05 Jun 2026

Abstract

Unlike other extraordinary crimes in Indonesia, such as terrorism and narcotics, which apply deradicalization and rehabilitation, corruption still lacks a recovery-oriented mechanism. One proposed solution is non-conviction-based asset forfeiture (NCB-AF) under the Asset Forfeiture Bill, although it remains controversial due to human rights concerns and debates over its purpose. In Islamic criminal law, hudūd punishment for theft, including hand amputation under strict conditions, aims to ensure justice and prevent reoffending. Using a normative legal method with statutory and conceptual approaches, this article finds that hudūd and NCB-AF share a similar goal: preventing repeat offenses and ensuring that crime does not remain profitable. Hand amputation symbolically cuts off the offender’s ability to reoffend, while NCB-AF cuts the economic lifeline the “blood of crime” that sustains criminal activity. The novelty of this study lies in linking these two concepts, while its contribution is offering a new perspective on the legitimacy and preventive function of NCB-AF in combating corruption.

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Journal Info

Abbrev

qonun

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Qonun Jurnal Hukum Islam dan Perundang-undangan is an open access, peer-reviewed journal which aims to offer an international academic platform for Islamic legal stuidies. It encompeasses research articles, both normative-doctrinal and empirical, in the dicipline of Islamic law that includes: ...