Pengantar Fikih Jinayah ( Hukum Pidana Islam ) Bagian pertama

Summary

The 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.