Cara Syariat Islam Menangani Kasus Korupsi I KH. Hafidz Abdurrahman, MA

Summary

The video discusses corruption from an Islamic perspective, emphasizing its systemic nature rather than just an isolated crime. It explores the distinctions between theft (Sariqah) and corruption (Ikhtilas) in Islamic jurisprudence, highlighting the importance of faith (Iman) as the foundation for preventing corruption. The speaker argues that corruption can be addressed effectively through a combination of personal taqwa, societal accountability, and the application of Islamic law. It stresses the role of the state in providing economic security to prevent corruption, while also asserting that appropriate legal consequences, such as ta'zir, help deter corrupt behavior.

Takeaways

• 😀 Islam views corruption as a serious crime, but it is seen within a systemic context rather than as an isolated offense.
• 😀 Corruption in Islam is often categorized under terms like 'Ikhtilas' (embezzlement) and 'Fasad' (mischief), though not all scholars agree on this.
• 😀 Theft ('Sariqah') in Islam has clear punishments, but corruption is not directly classified as theft, despite being a criminal act.
• 😀 In Islamic law, corruption cases fall under 'Ta'zir', meaning punishments are left to the discretion of the judge based on the severity of the crime.
• 😀 Islam does not have a special court for corruption (like Tipikor in Indonesia). Instead, it relies on three types of courts: Kodok Khusuma, Kodok Muwaththib, and Hisbah.
• 😀 The first court, Kodok Khusuma, handles general legal disputes, while Kodok Muwaththib addresses misdeeds by government officials.
• 😀 The Hisbah court handles cases where the victim and perpetrator are complicit, such as bribery and corruption cases.
• 😀 A strong foundation of faith (Iman) in individuals, society, and the state is the key to preventing corruption, as faith promotes accountability to Allah.
• 😀 Islamic society encourages addressing the root causes of corruption by ensuring citizens' basic needs (food, shelter, health, education) are met.
• 😀 Islam advocates for a rehabilitative approach to punishment, where the aim is to deter others and allow the wrongdoer to repent, not merely to punish.
• 😀 A society built on faith, justice, and accountability can effectively combat corruption by fostering an environment where corrupt actions are morally unacceptable.

Q & A

What is the main focus of the script?

The script focuses on the issue of corruption in Indonesia, especially the challenges in addressing it after the introduction of the Corruption Eradication Commission (KPK) law. It explores corruption from an Islamic perspective, discussing the causes, consequences, and Islamic solutions to corruption.

How does Islam view corruption?

Islam views corruption as a serious crime that arises due to systemic issues, rather than being a standalone offense. It is seen as a major social and moral problem that affects individuals, society, and the state.

What does the term 'corruption' translate to in Arabic, and how is it categorized in Islamic law?

The term 'corruption' is often translated as 'ikhtilas' or 'al-fasad' in Arabic. Some scholars do not classify it under the category of 'sariqa' (theft), as theft has specific rules in Islamic law, such as the amputation of hands. Corruption, however, is not addressed by the same legal provisions.

Why is corruption not classified as theft (sariqa) in Islamic law?

Corruption is not classified as theft because theft (sariqa) is defined as a specific criminal act with fixed legal consequences, such as hand amputation. Corruption, however, does not fit this definition and is treated differently in Islamic law, often requiring a different legal approach, like ta'zir (discretionary punishment).

What is ta'zir in the context of corruption?

Ta'zir is discretionary punishment in Islamic law that can be applied in cases where the crime does not have a fixed penalty. Corruption can be punished with ta'zir, where the judge has the discretion to decide the appropriate penalty based on the severity of the crime.

What are the three types of courts mentioned for handling corruption cases in Islam?

The script mentions three types of Islamic courts: 'qadi' (regular courts), 'qadi ma'lum al-dhulm' (courts dealing with crimes by state officials), and 'muhadhdhib' (a type of court for minor crimes where there is no plaintiff). Corruption cases can be dealt with through these courts based on the nature of the crime.

How does Islam address the issue of corrupt acts when both parties (bribe-giver and bribe-taker) agree?

In Islam, if both the bribe-giver and the bribe-taker agree to the corrupt act, the matter falls under the jurisdiction of 'hisbah' (morality-based law enforcement). In such cases, the individuals involved can be held accountable, even if there is no formal complaint or prosecution.

What is the role of faith (iman) in preventing corruption according to the script?

Faith (iman) plays a crucial role in preventing corruption. When individuals, society, and the state are grounded in strong faith, the moral consciousness of what is right and wrong is heightened. This leads to less likelihood of corrupt behavior, as individuals are aware of their accountability to God.

How does Islamic law aim to prevent corruption on a societal level?

Islamic law aims to prevent corruption through the integration of faith in society. This includes promoting 'amar ma'ruf wa nahi anil munkar' (enjoining good and forbidding evil), ensuring that individuals are held accountable by the community, and fostering a culture of moral responsibility.

What systemic solutions are proposed by Islam to reduce corruption?

Islam proposes systemic solutions such as ensuring that the basic needs of individuals (like food, shelter, education, healthcare, and security) are met by the state. When individuals are not financially burdened, they are less likely to resort to corrupt practices. Additionally, Islam encourages the establishment of a moral society where corruption is less likely to thrive.