CRIMINAL LAW STUDIES IN ISLAMIC LAW
If we tried to find information about Islam or Islamic criminal law Criminal Law via the Internet (eg, via Google search sites) then we will be treated at least as much information as more than 1.36 million items. It is a little highlight that the Islamic penal code under discussion widespread throughout the world. Islamic criminal matters is often narrowed down to only issue Stoning or Qisas only, and does not discuss the whole scope of this law. Islamic Criminal Law is the field of study of Islamic law are the least taught in law studies at university (rather than Islamic civil law such as marriage, inheritance, agreements, etc.).
Today then lecture the Islamic penal increasingly become subjects in the faculty of law, or sharia. Nowadays more and more who wrote the thesis and dissertation on Islamic criminal law. This brief article will discuss the place and future of Islamic criminal law in the study of law. This paper will discuss the development of Islamic criminal lectures, Islamic criminal law in the curriculum of legal studies, lectures syllabus of Islamic criminal law, as well as the prospects and challenges
B. Development Class
Islamic criminal law courses or Jinayah has taught at the Faculty of Islamic Law at the Islamic
university (IAIN / STAIN / UIN) in a long time. Currently this subject also taught at several law
schools outside the religious colleges. Outside the Islamic Criminal Law courses, there are
actually courses comparative criminal law, which also can be filled Islamic criminal law,
criminal law in addition to the common law, civil law and socialist law. In addition to the
comparative study of criminal law, there are some subjects that may offend this case for
example in the study of Islamic Law and Legal Aspects of Islam in Constitutional Law.
Specialized in lecture Comparative Criminal Law / Comparative Criminal Justice Systems, the discussion of Islamic Criminal Law is not only done in universities in Indonesia alone. Various faculty of law in Western countries also have to teach the material Islamic Criminal Law / Criminal Justice System Islam is in its curriculum. For example, in the course syllabus Comparative Criminal Law at St. Mary's School of Law there is a lecture "An Introduction to Islamic Law". In the course syllabus Comparative Criminal Law at the University of Queensland (Australia) there is a discussion on "across the criminal justice legal tradition" including the Islamic Law. Criminal Law of the Islamic countries are also part of the study Comparative Criminal Law at Dalhouse University. At the University of London in the course of Comparative Criminal Justice Policy also given material "Legal Culture and Criminal Justice Policy in Islamic Law."
C. Islamic Criminal Law in Curriculum in Higher Education
In Indonesia subjects Islamic Criminal Law has been awarded, among others, the Faculty
of Shariah and Law of the State Islamic University (UIN) Jakarta, Syarif Hidayatullah,
Faculty of Sharia State Islamic University Sunan Kalijaga (Yogyakarta), Faculty of Law,
University of Indonesia (FHUI), FH Universitas Islam Indonesia ( UII) in Yogyakarta,
FH University Jakarta, Yogyakarta Muhamadiyyah FH University (St. Louis),
FH University of Sriwijaya (Palembang), and FH Universitas Brawijaya (Malang).
As an example can be taken UIN Syarif Hidayatullah, the Department Jinayah Siyasah
(Criminal / State Administration) are the Islamic Criminal Studies Program.
The study program is aimed clicking produce scholars who master the field of study
of Islamic criminal law. The core subjects are given in this study program, among others Fiqh
Jinayah, Criminal Law and Criminal Procedure, Muqa-sphere Mazahib fi al-Jinayat.
Almost the same, there are also lectures at the Islamic criminal law in the majors UIN Sunan
Kalijaga Jinayah / Siyasah (Criminal Law and the constitutional Islam). Department /
Study Program is to educate students to become scholars who mastered the science
of Islamic law with a concentration in criminal law and constitutional law of Islam.
They are directed to have the competence as a legal practitioner and consultant in
the Religious and young researchers in the field of Criminal Law and Procedure
of the Islamic State.
Outside the college Religion, where Islamic criminal law even be a course of study,
in the faculties of law of general university courses are also taught Islamic criminal law.
For example in Curriculum Tier One (S-1) Faculty of Law, University
of Muhammadiyah Yogyakarta Islamic penal subjects (2 credits)
be a compulsory subject in the curriculum that is institutional as courses Scientific and
Skills (MKK). In addition there are also lectures Islamic Justice System Law (2 credits).
Outside the public college backgrounds institutions on Islamic (such UMY and UII),
a course of Islamic criminal law is also given at public colleges (public / private)
that are not background institute Islamic values, such as UI, Unsri, and Unibraw).
In the Faculty of Law, University of Sriwijaya Islamic Criminal Law (HPC-336)
are taught in the first semester of academic year 2006/2007. At UB's Faculty of Law,
Islamic criminal law is a compulsory subject for concentration Criminal Laws.
In the Faculty of Law, University of Indonesia, Islamic Criminal Law courses
(Criminal Aspects of Islamic law) / 2 credits, has been awarded since the second semester
of the 2003/2004 year ago. This course is an elective courses. Also provided in the Master
of Legal Studies Program, the specificity of Islamic law.
D. Syllabus Class
In the course comparative criminal law, the Islamic legal discussed together with the criminal law of other legal family, namely common law, civil law and socialist law. As a comparative law study did not cover all aspects of Islamic criminal law can be discussed so that the need to have some of the topics that can be compared for example generally discussed first on the history of the development, coverage, sources of law, principles, and some characteristics of Islamic law and the Islamic justice system. After that needs to be discussed some special topics such as crime (jinayah / jarimah) in Islam and type, its constituent elements compared with a criminal offense, the type and its constituent elements in Common Law, Civil Law, and the Socialist Law. There are several other issues that may be discussed is the problem of the experiment, investments, joint, basic erasers, etc., and were compared with similar provisions in other legal family.
Meanwhile if the Islamic penal given in a separate lecture there are a number of materials that can be given, among others: (1) The Islamic Criminal Law and Objectives Learning them; (2) Position, Applicability, and Possible Application of Islamic Criminal Law in Indonesia; (3) The sources of Islamic Criminal Law; (4) Principles of Islamic Criminal Law; (5) Trial, Participation, and the Joint Crime in Islamic Criminal Law; (6) Criminal Liability in Criminal Law of Islam; (7) Crime Hudud; (8) Crime qishas / Diyat; (9) Crime ta'zir.
E. Prospects and Challenges
There are several things that make the Islamic criminal law is increasingly important (urgent)
to be studied: 1) the importance of academics; 2) practical interest; 3) increasing aspirations
in the area of Islamic law; and 4) the importance of seeking new legal concepts.
Mainly academic interest among scientists is the need to expand pengetahauan.
If during the studied primarily criminal law common law and civil law course,
now there is a need to review the Islamic criminal law. By extending this insight
is expected attitude of prejudice and antipathy towards Islamic criminal law can
be reduced. As described above, in the western countries even though the Islamic
penal code is also examined along with studying criminal law common law and civil law.
Practical interest can be attributed to the closer relationship between peoples and
between communities, where citizens of Indonesia are often dealing with the laws
of other countries (including the laws of Islamic countries). Often an Indonesian
citizen who becomes a suspect / defendant in the countries of the Middle East that
use Islamic criminal defense did not get to taste because kekurangmengertian experts /
practitioners Indonesian law against the Islamic Criminal Law and procedures that apply
in these countries. Globalization in the field of legal consultancy services will also eventually
bring the Indonesian legal practitioners dealing with criminal law of other countries.
The era of democratization and regional autonomy that continues to run led to the
emergence of various aspirations of the people in the area for the birth of a legal
product that is worth / nuances of Islam. The Law No. 11 Year 2006 concerning
Aceh Government reinforces their Islamic criminal law in Aceh that further
implementation will be arranged by Qanun. In the context of this development,
the understanding of Islamic criminal law becomes increasingly important.
During the legal reform in Indonesia, the materials are taken continuously and mainly
derived from the concepts and experiences of a family of civil law and common law.
While the more time, the more it appears that people need sources of alternative
different from both family law. For the Muslim community, Islamic law would have
a higher place because this law is part of integralitas Islamic teachings and aligned
with a sense of faith. In addition, there are concepts that are not contained in the
criminal law such as the role of victims in the criminal justice system (in the case
of the forgiveness of victims / families of perpetrators), the Diyat of the perpetrator to
the victim / her family, as well as the types of criminal offenses that Ta'zir always able
to follow the development of society (thus refuted the notion that Islamic law was outdated).
Indeed, the development of Islamic criminal law in the study of law in Indonesia will
not take place smoothly only, but there are obstacles such allegations / impression
that the Islamic Criminal Law is cruel and inhumane, outdated, discriminatory,
contrary to human rights, not to protect non-Muslims and among women,
as well as various other negative impression. Those assumptions would be born
solely because of his limited knowledge, or even just a cursory mendegar of Islamic
Criminal Law. Of course in the scientific and academic world, we can judge something
without studying carefully and objectively. Therefore, it is precisely by studying the Islamic
Criminal Law and also studied criminal law of other legal family, hopefully we can find
a variety of philosophical foundation underlying these laws, and finally be able to see
In the future, however, lies the challenge to the assessment made by students
enrolled in the undergraduate, masters, and doctorate on various issues concerning
the Islamic criminal law, for example, how the views of Islamic law to evidentiary
problems with modern technology (such as DNA testing). How to view the Islamic
law of evidence in the form of video recordings? How is the view of Islamic law to
issue a new crime (such as money laundering, computer crime, illegal logging)?
How the application of Islamic law in matters of corruption? Things like this interesting
to be studied and researched further.
In conclusion it can be concluded that the Islamic Criminal Law has been, is and
will likely continue to be a subject of study in the study of law / criminal justice both
in Indonesia and in other countries. To avoid misunderstandings and negative view
of the narrow should the students / academics / legal practitioners can examine
Islamic Criminal Law in its various aspects. In the future the expected material
Islamic Criminal Law in the lecture included Comparative Criminal Law, Islamic Law,
as well as separate subjects (Islamic Criminal Law).
Topo Santoso. Initiating the Islamic Criminal Law. Bandung: Ash-Syamil, 2000.
__________. Grounding of Islamic Criminal Law. Jakarta: Gema Insani Press, 2003.
Wismar 'Ain Marzuki et.al, Criminal Aspects of Islamic law, Jakarta: Body Publisher
Faculty of Law, University of Indonesia, 2005.