Article Per Year (5 Year)
p-Index From 2019 - 2024
0.444
P-Index
This Author published in this journals
All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam Al-Jinayah: Jurnal Hukum Pidana Islam
Sanuri
UIN Sunan Ampel Surabaya
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
MORALITY ISSUES IN THE ISLAMIC CRIMINAL LAW AND THE INDONESIAN CRIMINAL CODE DRAFT UNDER THE PERSPECTIVE OF MAQASID AL-SHARI’AH Sanuri
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This is a bibliographical research to highlight the moral issues in the Islamic Criminal Law and the Indonesian Criminal Code Draft, such as pornography, acts of adultery, cohabiting, prevention of pregnancy and abortion, and rape on the perspective of maqasid al-shari’ah”. The intersection between the principles of the Islamic Criminal Law and those of the Criminal Code Draft in Indonesia can be seen from a transformative relationship occurs substantively and contextually through the five features in daruriyyat al-khamsah of the theory of maqasid al-shari’ah. In addition, the transformation of the two legal systems can also be measured through the three basic concepts that exist in the Islamic Criminal Law namely zawajir (repressive), jawabir (preventive), and ta’dib (educative) while still pays attention to the universal values such as justice (al-‘adalah), freedom (al-hurriyyah), equality (al-musawah), wisdom (al-hikmah), and human kindness (masalih al-‘ibad).
Analysis Of Hifz Al-Mal in Maqasid Al-Shari’ah Against the Article “Criminal Act of Corruption” In The Criminal Code of Indonesia Sanuri
Al-Jinayah: Jurnal Hukum Pidana Islam Vol. 8 No. 1 (2022): Juni 2022
Publisher : Prodi Hukum Pidana Islam Fakultas Syari’ah dan Hukum Universitas Islam Negeri Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

several points in the Criminal Code (KUHP) which are considered controversial. The theme above will be broken down through several important features in the theory of maqasid al-shari'ah, namely: (1) the principle of maslahah in the rubber article of corruption; (2) reduction of criminal penalties for corruptors in the lens of hifz al-nafs; (3) corruption as an extraordinary crime vs. hifz al-mal; (4) distance the deterrent effect and benefit corruptors from the perspective of hifz al-mal; and (5) daruriyyah level for the Corruption Perception Index (CPI) in Indonesia. In this study, data were obtained through documentation techniques while still based on a deductive mindset and a descriptive-critical-analysis model. The results of the study explain that the spirit of novelty in the Criminal Code in Indonesia is directly proportional to the spirit of realizing maslahah for all components of the nation and has fulfilled the character of daruriyyah. However, there are still a few problems in the aspects of hifz al-nafs and hifz al-mal because several points of change have not fully reflected the demands of the wider community. Key words: Corruption crime, Criminal Code, hifz al-mal, maqasid al-shari’ah
Co-Authors