Name : Rahma Bening Satitiningtyas

Student Number : 22410129

1) Jinayah define as an action that is prohibited by the religion (syar’) because it may occur
danger to the religion, soul, mind and property (harta benda).

2) Scope of Islamic Criminal Law:

a) Hudud

Hudud is a punishment prescribed by Shari’ah to deter crime. It is called hudud because

it prevents people from committing heinous acts and because Allah has prescribed the
punishment, meaning that this punishment, regardless of the circumstances of the
perpetrator, must be carried out without increasing, decreasing, changing the
punishment, or delaying its implementation. In hudud there is also no forgiveness at all,
either from the victim or the government.

b) Qisas

Qisas deals with intentional murder where the perpetrator is subject to the death penalty.
Just like hudud, the qisas punishment is given without considering the circumstances of
the perpetrator. However, qisas can be forgiven by the victim or the victim’s family. With
forgiveness, qisas cannot be carried out, but is replaced by a fine or diyat. If the diyat
penalty is also forgiven, then the ta’zir penalty is imposed.

c) Ta’zir

In ta’zir, the government is given the right to exempt the offender from punishment. The
victim can also grant a forgiveness, but the forgiveness granted by the victim does not
eliminate the punishment altogether, only to lighten the punishment for the perpetrator.
Unlike hudud and qisas, the circumstances of the victim or the atmosphere when the
crime was committed can affect the severity of the punishment.

3) The sources of Islamic criminal law consist of the Qur'an, as-sunnah, qiyas and ijma.. Some
examples of criminal law written in verses of the Al-Qur’an :

The crime of murder (QS. an-Nisaa [4]: 92, al-Baqarah [2]: 178, al-Baqarah [2]: 179, an-Nisaa
[4]: 92)

The crime of adultery (QS. an-Nur. 2, an-Nisaa [4]: 25)

The crime of accusing adultery (QS. an-Nur [24]: zThe crime of drinking alcohol (QS. al-
Maaidah [5]: 9)
The crime of theft (QS. al-Maaidah [5]: 38)

Criminal Robbery (QS. al-Maaidah [5]: 33)

The crime of Bughat (QS. al-Hujurat [69]: 9)

Criminal Riddah (QS. al-Anfal [8]: 9)

several hadith chapters discussing jinayah and hudud and ijtihad using the takzir method in
dealing with a problem.

The sources of Indonesian criminal law from the 1945 constitution, The law and government
regulations in lieu of law. Derivative of the Wetboek van Strafrecht (Dutch Criminal Code)
inherited from the Dutch colonization of Indonesia.