Pengantar Fikih Jinayah ( Hukum Pidana Islam) Bagian Kedua

Summary

The video discusses the introduction to Islamic criminal law (fiqh jinayah), focusing on distinctions between 'jinayah' (crimes) and 'jarimah' (offenses) within Islamic jurisprudence. The speaker refers to Dr. Abdul Qadir Audah's works as key references, explaining the definitions and nuances of these terms. 'Jinayah' covers general criminal acts, while 'jarimah' is more specific to prohibited actions under Islamic law, involving both punishment and moral aspects. The video is intended for Islamic law students, aiming to clarify foundational concepts in Islamic criminal law with comparisons to Egyptian legal practices.

Takeaways

• 📘 The speaker introduces the topic of Islamic criminal law (fiqih jinayah), focusing on important sources.
• 📚 The primary reference is a work by Dr. Abdul Qadir Audah, a renowned Egyptian expert in Islamic criminal law.
• 📖 Dr. Abdul Qadir Audah's book, titled *Al-Fiqhul Islami wa Adillatuhu*, is monumental in the study of Islamic criminal law.
• 📝 The speaker distinguishes between two key terms: 'jinayah' (criminal act) and 'jarimah' (offense or crime).
• 🧐 Jinayah is defined broadly as any forbidden act, which can harm a person's life, property, lineage, religion, or dignity.
• ⚖️ Jarimah refers more specifically to actions prohibited by Sharia law that are punishable by either 'had' (fixed punishment) or 'ta'zir' (discretionary punishment).
• 📑 Jinayah is described as a general term for criminal acts, which is why Islamic law departments are called 'Criminal Law' instead of 'Offense Law'.
• 💼 The speaker cites pages from Dr. Abdul Qadir Audah's books to explain the nuances between jinayah and jarimah.
• 📚 The book compares Islamic criminal law with Egyptian criminal law, reflecting the author's background in both systems.
• 🎓 The lecture is aimed at students of Islamic criminal law, particularly those studying in Islamic universities across Indonesia.

Q & A

What is the main topic discussed in the video script?

The main topic discussed in the video script is the introduction to fiqh jinayah or Islamic criminal law. The speaker explains key concepts and definitions related to Islamic criminal law, specifically differentiating between 'jinayah' and 'jarimah.'

Who is the author referenced in the script for Islamic criminal law studies?

The author referenced is Dr. Abdul Qadir Audah, an Egyptian expert in fiqh and Islamic criminal law. His works are used as primary references in the discussion of Islamic criminal law.

What are 'jinayah' and 'jarimah' in the context of Islamic criminal law?

'Jinayah' refers to crimes or offenses in general within Islamic law, while 'jarimah' refers to specific criminal acts or offenses that are clearly defined and punished under Islamic law.

How does Dr. Abdul Qadir Audah define 'jinayah'?

Dr. Abdul Qadir Audah defines 'jinayah' as a term for an action that is prohibited by Sharia, whether it involves harming a person's life, property, or any other aspect, such as lineage, religion, or dignity.

What is the significance of the book 'Al-Fiqh Al-Islami wa Adillatuhu' mentioned in the script?

'Al-Fiqh Al-Islami wa Adillatuhu' is a monumental work by Dr. Abdul Qadir Audah that serves as a comprehensive reference for Islamic criminal law. It covers various topics related to the definition and categorization of crimes in Islamic jurisprudence.

Why does the speaker mention the distinction between 'jinayah' and 'jarimah'?

The speaker highlights the distinction to clarify that 'jinayah' encompasses a broader scope of offenses, while 'jarimah' refers specifically to defined criminal acts. This distinction helps in understanding the classification and treatment of different crimes in Islamic law.

What is the role of mens rea and actus reus in the context of Islamic criminal law as discussed in the script?

In the context of Islamic criminal law, 'mens rea' refers to the mental state or intent behind a criminal act, while 'actus reus' refers to the actual commission of the act. Both elements are important in determining the culpability of an individual for a crime.

How has Dr. Abdul Qadir Audah’s work been made accessible to Indonesian readers?

Dr. Abdul Qadir Audah’s work has been translated into Indonesian and published as an 'Encyclopedia of Islamic Criminal Law,' making it accessible to Indonesian readers and scholars.

What is the significance of comparing Islamic criminal law with Egyptian law as mentioned in the script?

Comparing Islamic criminal law with Egyptian law helps to understand the practical application and differences between Islamic principles and contemporary legal systems, as well as the influence of political and social contexts on the implementation of these laws.

What is the speaker’s message to the students of Islamic criminal law and related fields in Indonesia?

The speaker encourages students of Islamic criminal law and related fields in Indonesia to study and understand the foundational concepts of Islamic criminal law, as outlined in Dr. Abdul Qadir Audah's works, to gain a deeper understanding of the subject.