SANKSI TA’ZIR SEBAGAI HUKUMAN DALAM PERBUATAN MELAWAN HUKUM DALAM HUKUM PIDANA ISLAM

Abstract

Abstract

This study discusses the concept of Ta'zir sanctions in Islamic Criminal Law as a punishment for unlawful acts. Ta'zir sanctions aim to prevent crime, punish the offender, and maintain public safety. Unlawful acts are social problems that require serious handling. Islamic Criminal Law offers the concept of Ta'zir sanctions as a solution to address this issue. The main issues discussed include the concept and legal foundation of Ta'zir sanctions, types of Ta'zir sanctions, the role of the qadhi in determining Ta'zir sanctions, and the effectiveness of Ta'zir sanctions in preventing unlawful acts. This research uses a qualitative method with a literature study approach and content analysis. The data sources are derived from the Qur'an, Hadith, fiqh books, and works of contemporary scholars. The aim of this study is to analyze the concept of Ta'zir sanctions in Islamic criminal law and assess their effectiveness in addressing unlawful acts. Ta'zir sanctions include various forms, such as physical punishment, fines, and supervision. The qadhi plays an important role in determining the type and extent of the sanction. Ta'zir sanctions are effective in preventing unlawful acts and maintaining public safety. Ta'zir sanctions are an effective concept for addressing unlawful acts within Islamic Criminal Law. The implementation of Ta'zir sanctions should take into account public interests and social justice.

Keywords: Ta'zir sanctions, Islamic Criminal Law, unlawful acts, qadhi, social justice.