KAJIAN PRINSIP KEADILAN HUKUM DALAM ASAS LEGALITAS HUKUM PIDANA ISLAM

The principle of legality is one of the principles that has the most basic position, making it a main principle in criminal law. The principle of legality in criminal law has limitations in advocating values related to legal justice. The aim of this research is to find out how the benefits of the principles of legality of Islamic criminal law are used as a basis for updating the content of current law. The method used in this research is Normative Law which discusses the principles related to legal justice contained in the principles of legality of Islamic criminal law which will be researched comprehensively and exploratoryly. The results of this research state that the principle of legality of Islamic criminal law has a strong relationship with religious principles because it comes from a clear source, namely the Al-Qur'an. So, this principle has power related to spirituality and flexibility. Islamic criminal law has flexibility in its implementation because it has classifications regarding the efficiency of non-criminal acts.

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Publication Details

Journal
Jurnal Res Justitia Jurnal Ilmu Hukum
Published
2025-01-10
DOI
https://doi.org/10.46306/rj.v5i1.217
Primary Topic
Legal Studies and Policies
Type
article
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article

KAJIAN PRINSIP KEADILAN HUKUM DALAM ASAS LEGALITAS HUKUM PIDANA ISLAM

Yudia Mahfudz
Jurnal Res Justitia Jurnal Ilmu Hukum
Legal Studies and Policies
article

KAJIAN PRINSIP KEADILAN HUKUM DALAM ASAS LEGALITAS HUKUM PIDANA ISLAM

Yudia Mahfudz
article en

Abstract

The principle of legality is one of the principles that has the most basic position, making it a main principle in criminal law. The principle of legality in criminal law has limitations in advocating values related to legal justice. The aim of this research is to find out how the benefits of the principles of legality of Islamic criminal law are used as a basis for updating the content of current law. The method used in this research is Normative Law which discusses the principles related to legal justice contained in the principles of legality of Islamic criminal law which will be researched comprehensively and exploratoryly. The results of this research state that the principle of legality of Islamic criminal law has a strong relationship with religious principles because it comes from a clear source, namely the Al-Qur'an. So, this principle has power related to spirituality and flexibility. Islamic criminal law has flexibility in its implementation because it has classifications regarding the efficiency of non-criminal acts.

Jurnal Res Justitia Jurnal Ilmu HukumVol. 5(1)
UIN Sunan Ampel Surabaya (ID)
Openalex Percentile: Top 88%
Legal Studies and Policies
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KAJIAN PRINSIP KEADILAN HUKUM DALAM ASAS LEGALITAS HUKUM PIDANA ISLAM — Yudia Mahfudz · Jurnal Res Justitia Jurnal Ilmu Hukum (2025) | TGRS Research Map | TGRS