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All Journal Al-'Adalah JURNAL LITIGASI (e-Journal) Jurnal Cita Hukum Al-Jinayah: Jurnal Hukum Pidana Islam Jurnal Hukum Volkgeist El-Usrah: Jurnal Hukum Keluarga El-Qist : Journal of Islamic Economics and Business (JIEB) PAMPAS: Journal of Criminal Law
Candra, Marli
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : Al-'Adalah

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The Penology of Islamic Criminal Law: Reintroduction of Islamic Penology Marli Candra
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.331 KB) | DOI: 10.24042/adalah.v15i2.2783

Abstract

The justification for punishment is an interesting topic and undying debate among the scholars. Those who in favor of traditional approach would state that punishment is retributive in nature, whereas the opposite party would declare that punishment is for future benefits either particularly for offender or society in general. In this article, the researcher will elaborate the penological approach of punishment in Islamic criminal law. This study applies a comparative analysis based on the qualitative approach to compare the concept of punishment and its justification in the modern penology as well as in Islamic perspective. The study finds out that the justification for punishment in Islam, which is mainly contained in the hudûd and qishâsh offenses, does not deviate from what is understood by modern penology. Islamic law provides harsher punishment for serious offenses, but at the same time, it also prescribes ways on how to reduce such punishments.
Co-Authors Athifatul Wafirah Elpira, Marlisa M. Jazil Rifqi Marlisa Elpira Muhammad Ishar Helmi, Muhammad Ishar Nada Fitriyah Alifiana Nanda Pricilia Nadhiva Nurul Asiya Nadifah Sri Warjiyati Tasya Nafisatul Hasan Tigor Einstein Umi Asmaul Fauziah Adha