Ketika Anak Melukai: Tinjauan Hukum Islam Tentang Tanggungjawab Pidana Anak dalam Kasus Kekerasan

This research aims to find out how the law is enforced against children who commit violent crimes from the perspective of Islamic law. The research method used in this research is normative research using library study techniques. The results of the research show that in Islamic law, minors who commit criminal acts cannot be sentenced to kisas because they have not yet reached the age of taklif. However, they can be subject to sanctions in the form of ta'zir as a form of warning and education. Criminal responsibility for children is considered incomplete because they do not yet have full legal capacity. Imposing sanctions takes into account aspects of age, psychological, mental, spiritual maturity and the overall welfare of the child.

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Publication Details

Journal
BUSTANUL FUQAHA Jurnal Bidang Hukum Islam
Published
2025-04-25
DOI
https://doi.org/10.36701/bustanul.v6i1.2054
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

Ketika Anak Melukai: Tinjauan Hukum Islam Tentang Tanggungjawab Pidana Anak dalam Kasus Kekerasan

Asiyah Jamilah
BUSTANUL FUQAHA Jurnal Bidang Hukum Islam
Marriage and Family Dynamics
article

Ketika Anak Melukai: Tinjauan Hukum Islam Tentang Tanggungjawab Pidana Anak dalam Kasus Kekerasan

Asiyah Jamilah
article en

Abstract

This research aims to find out how the law is enforced against children who commit violent crimes from the perspective of Islamic law. The research method used in this research is normative research using library study techniques. The results of the research show that in Islamic law, minors who commit criminal acts cannot be sentenced to kisas because they have not yet reached the age of taklif. However, they can be subject to sanctions in the form of ta'zir as a form of warning and education. Criminal responsibility for children is considered incomplete because they do not yet have full legal capacity. Imposing sanctions takes into account aspects of age, psychological, mental, spiritual maturity and the overall welfare of the child.

BUSTANUL FUQAHA Jurnal Bidang Hukum IslamVol. 6(1)
Universitas Maritim Raja Ali Haji (ID)
Openalex Percentile: Top 89%
Marriage and Family Dynamics
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