Penembakan Pelaku Tawuran dalam Prespektif Hukum Pidana Islam
The use of firearms against brawl offenders raises complex legal and ethical questions concerning the limits of state coercive power, particularly when the use of force results in death. This study examines the legality of shooting brawl offenders from the perspective of Islamic criminal law and formulates Sharia-based parameters for determining the legitimacy of lethal force by law enforcement officers. This study employs normative legal research using a doctrinal approach, supported by conceptual, statutory, case, and Islamic legal approaches. Legal materials consist of the Qur’an, Hadith, classical and contemporary Islamic jurisprudence, legal doctrines, relevant Indonesian legislation, and scholarly literature concerning brawls, the use of firearms, protection of life, and law enforcement. The materials are analyzed qualitatively through descriptive-analytical and prescriptive methods by examining the principles of hifz al-nafs, daf’u al-sa’il, darurah, maslahah, justice, necessity, and proportionality. The findings demonstrate that shooting brawl offenders is neither automatically permissible nor prohibited under Islamic criminal law. Its legitimacy is conditional upon the existence of an actual and serious threat to life, a legitimate protective purpose, the necessity of lethal force, the absence of reasonably effective less-lethal alternatives, and proportionality between the force used and the threat encountered. The use of firearms as retaliation, punishment outside legal procedures, or after the threat has ceased lacks sufficient Sharia justification. This study contributes a normative framework that positions Islamic criminal law not only as a basis for criminal sanctions but also as a mechanism for controlling state coercive power and protecting human life.
Authors
- Niko Ananda
- Fauziah Lubis
Institutions
- North Sumatra Islamic University (ID)
- Universitas Islam Negeri Sumatera Utara (ID)
Publication Details
- Journal
- Verdict.
- Published
- 2026-10-13
- DOI
- https://doi.org/10.59011/vjlaws.5.4.2026.705-720
- Primary Topic
- Legal and Policy Analysis in Indonesia
- Type
- article
- Field-Weighted Citation Impact
- 0.00