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

Institutions

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
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Penembakan Pelaku Tawuran dalam Prespektif Hukum Pidana Islam

Niko Ananda, Fauziah Lubis
Verdict.
Legal and Policy Analysis in Indonesia
article

Penembakan Pelaku Tawuran dalam Prespektif Hukum Pidana Islam

Niko Ananda, Fauziah Lubis
article en

Abstract

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.

Verdict.Vol. 5(4)
North Sumatra Islamic University (ID), Universitas Islam Negeri Sumatera Utara (ID)
Peace, justice, and strong institutions
Openalex Percentile: Top 18%
Legal and Policy Analysis in Indonesia
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.