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Dilema Hukum Pidana Islam Di Era Modern; Had Al-Sariqah Perspektif Ulama Salaf Dan Ulama Kontemporer

Al Hikmah: Jurnal Studi Keislaman

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Title Dilema Hukum Pidana Islam Di Era Modern; Had Al-Sariqah Perspektif Ulama Salaf Dan Ulama Kontemporer
 
Creator Fahri, Herfin
 
Description Abstract, In the Islamic Criminal Law system in mass media or books by infidelorientalists and their followers - namely the liberals - they are always cruel andinhumane. The cynical view of the Islamic criminal system was born not because of avanity Islamic criminal system, but there were two main reasons. First, conceptually,the criminal system of Islam is considered contrary to the mindset of the secular orliberal. For example, the death penalty for apostates is considered cruel and wrongnot because of the wrong Islam, but because it is contrary to the principle of religiousfreedom that is held fanatically by the secularists. Second, practically, the criminalsystem that is being applied is indeed not a criminal system of Islam. The law ofcutting hands for thieves is seen as wrong and sadistic not because of the wrongIslam, but because it is contrary to the criminal system of colonial occupation, namelyArticle 362 of the Criminal Code (KUHP). The level of h}ad al-shariqah in Islamiccriminal law (tashri’ al-jina’i) is ¼ dinar or 3 dirhams and 10 dirhams. Regarding theact of cutting hands, Abd al-Qadir 'Awdah confirmed in his book Islamic CriminalLaw or al-Tashri' al-Jina'i al-Islami: Muqaranan bi al-Qanun al- Wad'i that in had alshariqah not all thieves must cut off their hands. There are certain levels andindividual guidelines that govern them.
Keyword: Islamic Criminal Law, Had al-Sariqah
 
Publisher LPPM Institut Agama Islam Al-Hikmah Tuban
 
Date 2019-04-29
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://ejournal.kopertais4.or.id/pantura/index.php/alhikmah/article/view/3386
10.36835/hjsk.v8i2.3386
 
Source Al Hikmah: Jurnal Studi Keislaman; Vol. 8 No. 2 (2018): AL HIKMAH; 215-236
2502-6100
2088-2556
 
Language eng
 
Relation http://ejournal.kopertais4.or.id/pantura/index.php/alhikmah/article/view/3386/2409
10.36835/hjsk.v8i2.3386.g2409
 
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