Hukum Pidana Islam

Traditionally, the definition of criminal law is "a law that contains rules that contain the necessity and prohibition against offenders who are threatened with punishment in the form of bodily torture" (Samidjo, 1985: 1). Another definition is, "criminal law is a legal regulation concerning crime. The word "criminal" means a thing that is criminalized, that is, a matter delegated by an authority to a person as an unpleasant thing and also a thing that is not delegated.

According to Sudarsono, in principle Criminal Law is the one that regulates crime and violations of the public interest and the act is threatened with a criminal offense which is a suffering.

Definition of Islamic Criminal Law

The word Jinayat is the plural form of the word jinayah, which means the act of sin, crime or violation. Chapter Al-jinayah in Islamic jurisprudence discusses various kinds of criminal acts (jarimah) and its laws. The law of had is the punishment which has been ensured by the provisions in the Qur'an or the Sunnah Rasul. While the ta'zir law is a punishment that is not ensured in the Qur'an and the Sunnah of the Prophet. Ta'zir's law is the authority of the authorities to determine it.

Criminal Law Islam is often referred to in jurisprudence with the term jinayat or jarimah. Jinayat in terms of Islamic Law is often referred to as offense or criminal offense. Jinahah is a verbal form of noun (mashdar) from the word jana. Etymologically, jana means to commit sin or wrong, while jinayah is defined as an act of sin or wrongdoing. In terminology the word jinayat has several meanings, as expressed by Abd al Qodir Awdah bahwajinayat is an act that is prohibited by syara 'whether the act is about the soul, property, or other things.

What is meant by jinayat includes several laws, namely killing people, injuring, cutting off members of the body, and eliminating the benefits of the body, for example removing one of the five senses. In Jinayah (Islamic Penalty) there are also discussed Preventive efforts, rehabilitative, educative, and repressive efforts in tackling crime accompanied by theories of punishment.

According to A. Jazuli, basically the meaning of the term Jinayah refers to the results of one's actions. Usually this understanding is limited to acts that are prohibited. In jurisprudence, Jinayat's words mean acts that are prohibited by syara. Nevertheless, in general fuqoha 'uses the term only for acts that are prohibited according to syara'. Nevertheless, in general fuqoha 'uses the term only for acts that threaten life safety, such as beatings, murder and so on. In addition, there are fuqoha 'which limit Jinayat's term to acts of conduct which are threatened with hudud and qishash, not including actions threatened with ta'zir. Another term that is commensurate with the term jinayat is jarimah, which is the prohibition on the prohibition of syara 'which is threatened by Allah SWT with the punishment of had or ta'zir.

In general, Jinayat's understanding is the same as Criminal law in positive law, which is a law that regulates actions that are related to the soul or members of the body, such as killing, injuring and so forth.