Artikel
PEMBUKTIAN DAN ALAT BUKTI UNTUK PEMBUNUHAN DAN PENGANIAYAAN : Analisis Berdasarkan Penalaran Ta‘liliyah dan Istishlahiyah pada Dalil Alquran dan Hadith
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Abstract
There are three types of murder that mentioned by God in the Qur'an, namely
deliberate (planned), semi-intentionally, and unintentionally (fall into error). To be
able to punish the murderer, it was required verification with sufficient evidence. In
Islamic criminal law, there are three types of verification and evidences, namely
pledge, testimony, and oath. Some scholars add support indication or allegation
(qarinah). Based on the analysis ta'liliyah reasoning, which became as 'illat required
proof with sufficient evidence that a person is not arbitrarily accuse others have been
killed or commit criminal acts of persecution. While 'illat qisas in order to avoid a
person from criminal acts of murder and torture as well as maintaining the blood of
innocent people. Based on Istishlahiyah reasoning, giving punishment for the
perpetrators in order to provide a deterrent effect for others so it does not happen
similar cases again. While the necessary proof and evidence that maintained the
benefit and not cause any damage with wrong punish people
Detail Information
| Penulis |
Dr. H. M. Jafar, SHI., MA - Personal Name
|
|---|---|
| NIP/NIDN/NIM | 197101012007011088 |
| Edition | |
| Language |
English
|
| Publisher | SYARIAH-AHWAL AL-SYAKHSYIYYAH : ., |
| Edition | |
| Subject(s) | |
| No Panggil |
Ahwal al-Syakhsyiyyah
|