Sanksi Potong Tangan Bagi Pelaku Tindak Pidana Pencurian dalam Perspektif Hukum Islam
Abstract: Cutting hand penalty
for theft cases, according to Muslim jurists’ view, is a maximum penalty, and
hence, not all of such cases deserve for this mode of penalty. In case that the
requirements for the implementation of such penalty cannot be found in a theft
case, cutting hand may not be implemented and ta’zir shall apply instead.
Ta’zir then, is considered as an educative penal system which falls under the
authority of the judges to exercise their ijtihad capability.
Keywords: sanksi, tindak
pidana, hukum Islam
Penulis: Mardani
Kode Jurnal: jphukumdd080036
