Dilema Hukum Pidana Islam Di Era Modern; Had Al-Sariqah Perspektif Ulama Salaf Dan Ulama Kontemporer

Abstract

Abstract, In the Islamic Criminal Law system in mass media or books by infidel
orientalists and their followers - namely the liberals - they are always cruel and
inhumane. The cynical view of the Islamic criminal system was born not because of a
vanity Islamic criminal system, but there were two main reasons. First, conceptually,
the criminal system of Islam is considered contrary to the mindset of the secular or
liberal. For example, the death penalty for apostates is considered cruel and wrong
not because of the wrong Islam, but because it is contrary to the principle of religious
freedom that is held fanatically by the secularists. Second, practically, the criminal
system that is being applied is indeed not a criminal system of Islam. The law of
cutting hands for thieves is seen as wrong and sadistic not because of the wrong
Islam, but because it is contrary to the criminal system of colonial occupation, namely
Article 362 of the Criminal Code (KUHP). The level of h}ad al-shariqah in Islamic
criminal law (tashri’ al-jina’i) is ¼ dinar or 3 dirhams and 10 dirhams. Regarding the
act of cutting hands, Abd al-Qadir 'Awdah confirmed in his book Islamic Criminal
Law or al-Tashri' al-Jina'i al-Islami: Muqaranan bi al-Qanun al- Wad'i that in had alshariqah not all thieves must cut off their hands. There are certain levels and
individual guidelines that govern them.

Keyword: Islamic Criminal Law, Had al-Sariqah