Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam

CONCEPT AND IMPLEMENTATION OF JARIMAH TA'ZIR IN CONTEMPORARY ISLAMIC CRIMINAL LAW

St. Hadijah Wahid (IAIM Sinjai)
Muh. Bambang Taufik (School of Oriental and African Studies (SOAS) University of London, United Kingdom)
Muh. Ilham Azis (Institut Agama Islam Darud Dakwah Wal-Irsyad Maros)
Jusri Mudjrimin (Universitas Islam Ahmad Dahlan)
Nur Qalbi (Universitas Islam Ahmad Dahlan)



Article Info

Publish Date
30 Sep 2026

Abstract

In the contemporary era, social dynamics and the emergence of new forms of crime require Islamic criminal law to remain adaptive. Unlike hudud and qishash, which are textually prescribed and relatively rigid, jarimah ta'zir offers regulatory flexibility based on the authority of the ruler (ulil amri) to realize the public interest (maslahah). This study aims to provide an in-depth analysis of the fundamental concept, criteria for determining sanctions, and the dynamic implementation of jarimah ta'zir within the context of modern Islamic criminal law. This study employs a qualitative method using library research. It adopts normative-juridical and philosophical approaches by analyzing primary and secondary legal sources related to contemporary fiqh jinayah. The findings show that contemporary ta'zir is no longer limited to classical physical punishments such as flogging but has evolved into forms of administrative and financial sanctions, including fines, as well as restrictions on liberty that are considered more relevant to human rights. The determination of ta'zir sanctions is based on the principle of flexible legality, the level of harm and impact caused by the offense (mudharat), and a rehabilitative orientation (tadzib). In modern implementations, such as those applied through the Aceh Qanun and legal codifications in several Muslim countries, ta'zir has demonstrated its potential to serve as a bridge between classical Islamic l aw and modernity, particularly in responding to cyber, corporate, and financial crimes. In conclusion, jarimah ta'zir possesses considerable legal elasticity and constitutes a major instrument of Islamic criminal law for remaining relevant, solution-oriented, and oriented toward justice amid changing times.

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Journal Info

Abbrev

al-ahkam

Publisher

Subject

Description

The aim of Al-Ahkam Journal: Journal of Islamic Criminal Law is to promote and publish research-based articles having a depth discussion of the theories and practices of Islamic Law and Criminal Law related concerns by encouraging inquiries into relationship between theoretical and practical ...