PIDANA MATI PERSPEKTIF HUKUM ISLAM: ANTARA KEADILAN DAN HAK ASASI MANUSIA

The death penalty in Islamic law holds significant importance as a form of justice for serious crimes such as intentional murder, adultery by a married person, robbery, apostasy, and rebellion. From the perspective of Islamic law, the death penalty is not only intended to serve as a deterrent but also as a means to uphold justice for the victim, the victim’s family, and society at large. While there are views that associate the death penalty with violations of human rights, in Islamic law, its application is based on the principle of justice, which must be proportionate to the crime committed, while considering the public benefit. The application of the death penalty, whether as hudud, qishash, or ta'zir, demonstrates that justice in Islam is not only retributive but also preventive, aimed at maintaining social balance. This study aims to examine the application of the death penalty in Islamic law from the perspectives of justice and human rights. The findings show that the death penalty serves as an instrument of justice that protects the rights of society and victims from the threat of serious crimes, while upholding the principles of justice and public benefit in its implementation.

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Publication Details

Journal
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan
Published
2024-12-26
DOI
https://doi.org/10.30863/as-hki.v6i2.7716
Primary Topic
Legal Studies and Policies
Type
article
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article

PIDANA MATI PERSPEKTIF HUKUM ISLAM: ANTARA KEADILAN DAN HAK ASASI MANUSIA

Hamzah Hasan, Abdul Wahid Haddade, Jumarni Dalle
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan
Legal Studies and Policies
article

PIDANA MATI PERSPEKTIF HUKUM ISLAM: ANTARA KEADILAN DAN HAK ASASI MANUSIA

Hamzah Hasan, Abdul Wahid Haddade, Jumarni Dalle
article en

Abstract

The death penalty in Islamic law holds significant importance as a form of justice for serious crimes such as intentional murder, adultery by a married person, robbery, apostasy, and rebellion. From the perspective of Islamic law, the death penalty is not only intended to serve as a deterrent but also as a means to uphold justice for the victim, the victim’s family, and society at large. While there are views that associate the death penalty with violations of human rights, in Islamic law, its application is based on the principle of justice, which must be proportionate to the crime committed, while considering the public benefit. The application of the death penalty, whether as hudud, qishash, or ta'zir, demonstrates that justice in Islam is not only retributive but also preventive, aimed at maintaining social balance. This study aims to examine the application of the death penalty in Islamic law from the perspectives of justice and human rights. The findings show that the death penalty serves as an instrument of justice that protects the rights of society and victims from the threat of serious crimes, while upholding the principles of justice and public benefit in its implementation.

AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan KemanusiaanVol. 6(2)
Universitas Islam Makassar (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 53%
Legal Studies and Policies
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PIDANA MATI PERSPEKTIF HUKUM ISLAM: ANTARA KEADILAN DAN HAK ASASI MANUSIA — Hamzah Hasan, Abdul Wahid Haddade, et al. · AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan (2024) | TGRS Research Map | TGRS