Pengantar Fikih Jinayah ( Hukum Pidana Islam ) Bagian pertama

M. Nurul Irfan

10 Jun 202007:34

Summary

TLDRThe speaker introduces Islamic criminal law (fiqh jinayah), emphasizing its foundations in Islamic teachings, particularly faith (iman), law (Islam), and ethics (ihsan). The speaker outlines the six major branches of Islamic jurisprudence, with a focus on fiqh jinayah, which deals with Islamic criminal law. He explains how Islamic law is derived from the Quran and Hadith and touches on the limited application of Islamic criminal law in Indonesia, particularly in Aceh. The talk sets the stage for further exploration of key terms and principles in Islamic criminal law, encouraging serious study on the topic.

Takeaways

📜 Introduction of the speaker, Muhammad Nurul Irfan, a lecturer in Sharia and Law at UIN Syarif Hidayatullah Jakarta, specializing in Islamic Criminal Law.
🌍 The speaker greets the audience, particularly Islamic Criminal Law students and those studying Islamic Constitutional Law in Indonesia.
📚 The talk focuses on *Fiqh Jinayah* (Islamic Criminal Law), which is part of the broader Islamic legal system (*Sharia*).
🕌 Islamic teachings cover three core aspects: *Iman* (faith), *Islam* (religious practice or *Sharia*), and *Ihsan* (moral excellence or ethics).
📖 These three core aspects are studied through three disciplines: *Aqidah* (faith, studied in *Ilmu Tauhid*), *Fiqh* (Sharia or Islamic law), and *Tasawuf* (ethics, studied in *Ilmu Tasawuf*).
⚖️ *Fiqh* is defined as the knowledge of Sharia law derived from detailed evidence found in the Qur'an and Hadith.
🔍 *Fiqh* is categorized into six main areas: *Ibadah* (worship), *Muamalah* (transactions), *Munakahat* (marriage), *Jinayah* (crimes), *Siyasah* (politics), and *Mawarith* (inheritance).
🕵️‍♂️ *Fiqh Jinayah* is a subfield of *Fiqh* dealing with crimes and punishments, which includes terms like *Jinayah* (crime), *Jarimah* (offense), and *Uqubah* (punishment).
🇮🇩 The implementation of Islamic Criminal Law in Indonesia is limited, with most cases handled in religious courts focusing on personal law (*Ahwal Syahsiyah*), while Islamic criminal law is practiced only in some areas like Aceh.
🙏 The speaker concludes by encouraging deeper study of *Fiqh Jinayah* and wishes for continued success in understanding and applying Islamic law.

Q & A

Who is the speaker in the video?
-The speaker is Muhammad Nurul Irfan, a lecturer at the Faculty of Sharia and Law at UIN Syarif Hidayatullah Jakarta.
What is the primary topic discussed in the video?
-The primary topic is an introduction to Islamic criminal law (Fiqh Jinayah), which is part of Islamic jurisprudence (Sharia).
What are the three fundamental aspects of Islam mentioned in the hadith cited by the speaker?
-The three fundamental aspects are Iman (faith), Islam (the practice of Sharia), and Ihsan (moral excellence or ethics).
What are the main fields of study within Islamic knowledge, according to the speaker?
-The main fields are Aqidah (theology), Fiqh (Islamic jurisprudence), and Tasawuf (Islamic mysticism or ethics).
How does the speaker define Fiqh?
-Fiqh is defined as the knowledge of Sharia laws that are derived from detailed evidence, specifically from the Qur'an and Hadith.
What are the six major areas of Fiqh according to the speaker?
-The six major areas are Fiqh Ibadah (ritual worship), Fiqh Muamalah (transactions), Fiqh Munakahat (marriage), Fiqh Jinayah (criminal law), Fiqh Siyasah (politics), and Fiqh Mawaris (inheritance).
What is the specific focus of Fiqh Jinayah?
-Fiqh Jinayah focuses on Islamic criminal law, which deals with crimes and their corresponding punishments.
Why does the speaker say that Islamic criminal law is 'melangit' (lofty or idealistic) in Indonesia?
-The speaker says this because Islamic criminal law is not widely practiced in Indonesia, with limited application in areas like Aceh, which only implements certain aspects like 'Takzir' (discretionary punishments).
What is the role of Islamic courts in Indonesia according to the speaker?
-Islamic courts in Indonesia primarily handle civil matters, such as personal status and family law, rather than criminal cases.
What does the speaker intend to cover in future discussions on Fiqh Jinayah?
-The speaker plans to delve deeper into key concepts such as Jinayah (crimes), Jarimah (criminal acts), and Uqubah (punishments) to provide a comprehensive understanding of Islamic criminal law.

Outlines

00:00

📚 Introduction to Islamic Criminal Law

The speaker, Muhammad Nurul Irfan, introduces himself as a lecturer at the Faculty of Sharia and Law at UIN Syarif Hidayatullah Jakarta, focusing on Islamic criminal law (Fiqh Jinayah). He highlights the foundational concepts of Islam: Iman (faith), Islam (Sharia), and Ihsan (morality), based on a Hadith narrated by Abdullah bin Umar. This Hadith emphasizes that Islamic teachings cover belief, law, and ethics. These principles are explored through different fields of study: Aqidah (creed), Fiqh (law), and Tasawwuf (spirituality). Islamic criminal law, as part of Fiqh, belongs to the broader field of Sharia, which encompasses six main areas: worship, transactions, marriage, punishments, governance, and inheritance.

05:03

⚖️ Scope and Significance of Islamic Criminal Law

Fiqh Jinayah is presented as one of the six branches of Fiqh, forming a key part of Islamic law (Sharia). The speaker explains that Islamic criminal law is not widely practiced in Indonesia, except in specific regions like Aceh. He emphasizes that Fiqh Jinayah covers significant concepts such as 'jinayah' (crime), 'jarimah' (offense), and 'uqubah' (punishment). These concepts will be explored in future discussions. The speaker notes that Islamic criminal law is often seen as 'melangit' (heavenly or not yet applied in practice) in Indonesia, where the legal system primarily addresses personal matters, leaving criminal law relatively underutilized.

Mindmap

Keywords

💡Fikih Jinayah

Fikih Jinayah refers to Islamic criminal law, which is part of the broader Shariah law. In the video, it is explained as one of the six main branches of fiqh, focusing on crimes and punishments in an Islamic legal framework. The speaker highlights its importance and encourages students to study it thoroughly, as it is a critical aspect of Islamic jurisprudence.

💡Syariah

Syariah, or Islamic law, encompasses all aspects of life, including faith, conduct, and laws. In the video, the speaker explains that Fikih Jinayah falls under the category of Syariah, which governs not just religious rituals but also criminal law, civil transactions, and ethics. The term is central to understanding the structure of Islamic teachings.

💡Iman

Iman refers to faith or belief in Islam. In the video, it is mentioned as one of the three foundational elements of Islamic teachings, alongside Islam (actions) and Ihsan (excellence in behavior). The speaker relates this concept to a hadith about the Angel Jibril asking the Prophet Muhammad about the core elements of the religion.

💡Ihsan

Ihsan, meaning excellence or perfection in behavior, is another core element of Islamic teachings. It refers to acting with good character and moral conduct, beyond just fulfilling religious obligations. The video explains that Ihsan, along with Iman and Islam, forms the complete framework of Islamic teachings, as taught by the Prophet Muhammad.

💡Fiqh

Fiqh is Islamic jurisprudence, the understanding of Islamic laws derived from the Quran and Hadith. The speaker explains that Fikih Jinayah is one branch of fiqh, which is divided into six areas, including ibadah (worship), muamalah (transactions), munakahat (family law), and jinayah (criminal law). It plays a critical role in interpreting how Islamic laws apply to everyday life.

💡Hadith

Hadith refers to the sayings, actions, and approvals of the Prophet Muhammad. In the video, the speaker uses a specific hadith narrated by Abdullah bin Umar to illustrate the three essential elements of Islamic teachings: Iman, Islam, and Ihsan. Hadith is a primary source for deriving Islamic laws, alongside the Quran.

💡Jarimah

Jarimah refers to a crime or offense in Islamic law. In the context of Fikih Jinayah, this term is important as it defines the acts that are considered violations under Islamic criminal law. The speaker mentions that jarimah is one of the key terms that students will encounter when studying Fikih Jinayah.

💡Muamalah

Muamalah refers to civil transactions and interactions in Islamic law, such as trade, contracts, and financial dealings. The video positions it as one of the six major branches of fiqh, emphasizing its importance alongside criminal law (jinayah) and other areas of Islamic jurisprudence.

💡Qur'an

The Qur'an is the holy book of Islam, considered the ultimate source of Islamic teachings and law. In the video, the speaker explains that the laws and principles of Fikih Jinayah are derived from the Qur'an and Hadith. The Qur'an provides the divine guidance that underpins the legal rulings in Islamic jurisprudence.

💡Takzir

Takzir refers to discretionary punishments in Islamic criminal law, where the judge has the authority to determine appropriate penalties for offenses not explicitly defined in the Qur'an or Hadith. The speaker mentions that while Islamic criminal law is not fully implemented in Indonesia, certain aspects, like takzir, are practiced in specific regions such as Aceh.

Highlights

Introduction to the speaker, Muhammad Nurul Irfan, a lecturer at the Faculty of Sharia and Law at UIN Syarif Hidayatullah Jakarta.

The speaker is known for writing books on Islamic Criminal Law (Fiqh Jinayah).

The lecture addresses Islamic teachings, which cover three fundamental aspects: Iman (faith), Islam (practice), and Ihsan (excellence in character).

Hadith from Imam Muslim explaining the visit of Angel Jibril to Prophet Muhammad, asking about the three fundamentals of faith.

Iman is related to belief, Islam is associated with Sharia (law), and Ihsan is linked to ethics or morality.

The explanation of three core sciences in Islam: Aqidah (theology), Fiqh (jurisprudence), and Tasawuf (mysticism).

Islamic Criminal Law (Fiqh Jinayah) is a part of Sharia and one of the six main fields of Fiqh.

Definition of Fiqh: the understanding of Sharia laws derived from the Qur'an and Hadith.

Fiqh is categorized into six major areas: Ibadah (worship), Muamalah (transactions), Munakahat (marriage), Jinayah (criminal law), Siyasah (politics), and Mawaris (inheritance).

Fiqh Jinayah focuses on criminal law within Islamic jurisprudence.

Discussion on the current application of Islamic Criminal Law in Indonesia, where it is not widely practiced, except for limited applications in Aceh.

The lecture also introduces key terms in Islamic Criminal Law such as Jinayah, Jarimah (crime), and Uqubah (punishment).

The speaker emphasizes the need to study Fiqh Jinayah seriously, especially for students in Islamic Criminal Law programs.

The lecture highlights that Islamic courts in Indonesia mostly handle personal law (Ahwal al-Syakhsiyah) and rarely address criminal law.

Closing statement with hopes that the introduction to Fiqh Jinayah will be beneficial for the listeners.