Proceedings of the 1st Workshop on Multidisciplinary and Its Applications Part 1, WMA-01 2018, 19-20 January 2018, Aceh, Indonesia

Research Article

Construction of Philosophical Values and the Concept of Penancein Islamic Criminal Law

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  • @INPROCEEDINGS{10.4108/eai.20-1-2018.2282080,
        author={Danial Danial},
        title={Construction of Philosophical Values and the Concept of Penancein Islamic Criminal Law},
        proceedings={Proceedings of the 1st Workshop on Multidisciplinary and Its Applications Part 1, WMA-01 2018, 19-20 January 2018, Aceh, Indonesia},
        publisher={EAI},
        proceedings_a={WMA-1},
        year={2019},
        month={9},
        keywords={philosophical value construction criminal concept},
        doi={10.4108/eai.20-1-2018.2282080}
    }
    
  • Danial Danial
    Year: 2019
    Construction of Philosophical Values and the Concept of Penancein Islamic Criminal Law
    WMA-1
    EAI
    DOI: 10.4108/eai.20-1-2018.2282080
Danial Danial1,*
  • 1: The State Islamic Institute of Lhokseumawe, Aceh, Indonesia
*Contact email: danial.tazkiyainstute@gmail.com

Abstract

This study aims to cast light onthe philosophical values comprised in every criminal case, and the construction of punishment models in Islamic criminal law. The primary data source of this research are the verses and hadiths that contain the principles and concepts of punishment. Secondary data sources include Tafseer, criminal law, and relevant previous research results. All data is derived from document review and processed through navigation, identification, construction of punishment models, and conclusions. Based on the above objectives and research methods, it is revealed that: First, the philosophical values comprised in the criminal penalization of Islam are equilibrium, justice, humanity, reformative, restorative, preventive, preserving life, moral and repentance as a forgiving excuse. Second, the above philosophical values can be constructed into a contributory punishment model for the renewal of national criminal law. The referred punishment model is the scourging and the qisas-diyat sketch. The latter principle contains the consequences of the birth of a new paradigm in the Indonesian criminal justice system. This new paradigm places not only judges who are entitled to determine the punishment of the perpetrator, but the victim also has the right to punish or release the perpetrator from punishment.