The Nature and Legal Standing of the Islamic Sentence in the Islamic Legal System

Abstract

The source of the Islamic law originally comes from Al-Qur’an (revealed by Allah) and Hadith (stated by the Prophet Muhammad Sallallahu Alaihi wa Sallam). If there are problems that are not described explicitly in these two sources, then Ijtihad wiil do in order to find a legal solution. The punishment is part of the shari’ah law in upholding truth and justice prevailing since the coming of the Prophet Muhammad. Therefore, at the time of the Prophet and the Caliphs, the Islamic criminal law applies as positive law in which the law that regulated and implemented by the government (ulil amri) as the legitimate authority... The objective of punishment is to retaliate for evil; to prevent in general and in particular; and to protect the rights of the victim, as well as the heirs of the victim. Punishment in Islamic criminal system is qiyas, diyat, kafaraat, disenfranchisement inherit, and ta’zir. In terms of the legal position of the the Islamic sentence law, the Islamic law has outlined 3 (three) types of law, as followings: I'tiqadiyah Law, Khuluqiyah Law, and Amaliyah Law.

Keywords:Nature and Legal Standing; Islamic Sentence; Islamic Legal System.