Takyif Jenayah Penculikan Dalam Perundangan Islam

This study aims to reevaluate the concept and punishment for the crime of kidnapping within the context of Islamic law. Although kidnapping is a serious and escalating issue in many countries, there are inaccuracies in categorizing this crime according to Islam in existing studies. Therefore, this study seeks to reassess that categorization. The methodology used to complete this article is based on a qualitative approach. All data were obtained through document analysis by reviewing research papers and relevant classical Islamic texts. At the end of the study, the researchers found that kidnapping falls under the crime punishable by hudud (hirabah) if it is committed with a hirabah-related motive. However, if the motive does not align with the characteristics of hirabah, the punishment would be discretionary (ta'zir).