Capital Punishment: Islamic Criminal Law Perspective

This paper delves into the multifaceted dimensions of capital punishment within Islamic criminal law, examining its application and underlying objectives. The study revolves around two primary objects:  the application of capital punishment and the objectives of implementing the death penalty. By ex...

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Main Authors: Annisa Hafizhah, Mohammad Ekaputra, Muhammad Asla Fathi
Format: Article
Language:English
Published: Universitas Sumatera Utara 2023-08-01
Series:Mahadi
Subjects:
Online Access:https://talenta.usu.ac.id/Mahadi/article/view/13412
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author Annisa Hafizhah
Mohammad Ekaputra
Muhammad Asla Fathi
author_facet Annisa Hafizhah
Mohammad Ekaputra
Muhammad Asla Fathi
author_sort Annisa Hafizhah
collection DOAJ
description This paper delves into the multifaceted dimensions of capital punishment within Islamic criminal law, examining its application and underlying objectives. The study revolves around two primary objects:  the application of capital punishment and the objectives of implementing the death penalty. By exploring these dimensions, this paper seeks to elucidate the intricate interplay between justice, societal well-being, and legal philosophy within Islamic jurisprudence. The first object addresses the legal framework and ethical considerations surrounding the practice of capital punishment. Drawing from both retributive and consequentialist theories, the analysis illuminates the dual nature of Islamic jurisprudence in its pursuit of fairness and societal harmony. The second object investigates the objectives underpinning the death penalty's application. Rooted in the concepts of benefits (maslahah) and justice, Islamic legal thought underscores the balanced amalgamation of individual rights and collective welfare. In conclusion, this paper underscores the significance of collaborative efforts among legal scholars, policymakers, and communities to ensure a just and nuanced application of capital punishment. Through comprehensive engagement, Islamic societies can advance a holistic approach to punishment that aligns with the ethos of justice and societal well-being.
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spelling doaj.art-2cd8a6cff7034f9e9cbebbdf050e01b12024-01-12T08:00:21ZengUniversitas Sumatera UtaraMahadi2964-71852023-08-012213414110.32734/mah.v2i2.1341213745Capital Punishment: Islamic Criminal Law PerspectiveAnnisa Hafizhah0Mohammad Ekaputra1Muhammad Asla Fathi2Universitas Sumatera UtaraUniversitas Sumatera UtaraAl-Azhar UniversityThis paper delves into the multifaceted dimensions of capital punishment within Islamic criminal law, examining its application and underlying objectives. The study revolves around two primary objects:  the application of capital punishment and the objectives of implementing the death penalty. By exploring these dimensions, this paper seeks to elucidate the intricate interplay between justice, societal well-being, and legal philosophy within Islamic jurisprudence. The first object addresses the legal framework and ethical considerations surrounding the practice of capital punishment. Drawing from both retributive and consequentialist theories, the analysis illuminates the dual nature of Islamic jurisprudence in its pursuit of fairness and societal harmony. The second object investigates the objectives underpinning the death penalty's application. Rooted in the concepts of benefits (maslahah) and justice, Islamic legal thought underscores the balanced amalgamation of individual rights and collective welfare. In conclusion, this paper underscores the significance of collaborative efforts among legal scholars, policymakers, and communities to ensure a just and nuanced application of capital punishment. Through comprehensive engagement, Islamic societies can advance a holistic approach to punishment that aligns with the ethos of justice and societal well-being.https://talenta.usu.ac.id/Mahadi/article/view/13412capital punishment, islamic criminal law
spellingShingle Annisa Hafizhah
Mohammad Ekaputra
Muhammad Asla Fathi
Capital Punishment: Islamic Criminal Law Perspective
Mahadi
capital punishment, islamic criminal law
title Capital Punishment: Islamic Criminal Law Perspective
title_full Capital Punishment: Islamic Criminal Law Perspective
title_fullStr Capital Punishment: Islamic Criminal Law Perspective
title_full_unstemmed Capital Punishment: Islamic Criminal Law Perspective
title_short Capital Punishment: Islamic Criminal Law Perspective
title_sort capital punishment islamic criminal law perspective
topic capital punishment, islamic criminal law
url https://talenta.usu.ac.id/Mahadi/article/view/13412
work_keys_str_mv AT annisahafizhah capitalpunishmentislamiccriminallawperspective
AT mohammadekaputra capitalpunishmentislamiccriminallawperspective
AT muhammadaslafathi capitalpunishmentislamiccriminallawperspective