Sanctions for Pawn Perpetrators of Embezzlement from The Perspective of Islamic Criminal Law

Al-Farid, Nabil (2024) Sanctions for Pawn Perpetrators of Embezzlement from The Perspective of Islamic Criminal Law. Journal Equity of Law and Governance.

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Abstract

This research aims to investigate how Islamic criminal law addresses the perpetrators of pawning goods obtained through embezzlement and the sanctions imposed on such individuals. The study employs a normative legal approach using qualitative methods, drawing from primary sources like verses from the Quran and hadiths of Prophet Muhammad SAW, as well as secondary sources including literature on Islamic law and fiqh. Data collection was conducted through literature review and analyzed descriptively. The analysis of Quranic verses and hadiths indicates that Islam permits pawning (rahn) provided it is not used for criminal activities. In cases of embezzlement, this act is considered a crime in Islam, warranting specific Islamic legal sanctions. Theft and unlawful detention are violations of Islamic law categorized under jarimah ta'zir. According to fiqh scholars, crimes not explicitly mentioned in the Quran and Sunnah fall under ta'zir punishments, which can be (1) corporal punishment, (2) deprivation of freedom, or (3) financial penalties. The study concludes that Islamic law has stringent regulations on pawning and embezzlement, with ta'zir sanctions aimed at ensuring justice and promoting well-being in this life and the hereafter for offenders. Therefore, it is crucial to enforce these sanctions in alignment with Islamic legal provisions to achieve justice.

Jenis Item:	Artikel
Subjects:	2X4 FIQH > 2X4.5 Hukum Pidana/Jinayat
Divisions:	Fakultas Syariah dan Hukum > Jinayah
Pengguna yang mendeposit:	Mrs Siti Masitah
Date Deposited:	05 Feb 2025 02:39
Last Modified:	05 Feb 2025 02:39
URI:	http://repository.uinsu.ac.id/id/eprint/24563

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