KONSEP TA’ZIR MENURUT PERSPEKTIF HUKUM PIDANA ISLAM
Abstract
Ta'zir is: "'Uqubat (punishment) which is not mentioned in the texts of the Qur'an and Al-Hadith". 'Uqubat (punishment) ta'zir is returned to the walitul amri (government), namely the judges who have been appointed by the government. The way to determine 'uqubat (punishment) is by means of ijtihad. Ta'zir is part of 'uqubat (punishment) against a finger (mistake) that has been committed by someone who violates the rights of Allah s.w.t and the rights of servants. The purpose of determining the 'uqubat (punishment) ta'zir is: first; to uphold justice, second; for tadrib (education) perpetrators of jarimah (lawbreakers), third; to create benefit (prosperity) in society, and fourth; to protect human rights (HAM) in Islam. While the basic principle of its determination is: "To glorify the Shari'at of Allah s.w.t (Islamic Shari'at)". Broadly speaking, there are two ta'zir: first; ta'zir related to the rights of Allah s.w.t, and second; ta'zir relating to the rights of servants
Moraref