PENERAPAN HUKUM PIDANA ISLAM TERHADAP TINDAK PIDANA KORUPSI DALAM TINJAUAN FIQIH JINAYAH

Abstract

Corruption is an extraordinary crime that has destructive impacts on various aspects of social, economic, and political life. In the context of Indonesia's positive law, corruption is specifically regulated through the Law on the Eradication of Corruption. However, in the study of fiqh jinayah or Islamic criminal law, corruption is categorized as ghulul (embezzlement of state property) or khianat (betrayal of trust). This research aims to analyze how Islamic criminal law applies to corruption cases and how the principles of fiqh jinayah provide a firm, fair, and preventive approach. The method used is qualitative with a normative approach by analyzing classical and contemporary Islamic legal literature and comparing it with positive law. The findings reveal that in Islamic law, corruption is not only viewed as a crime against the state but also as a violation of moral and religious values. Therefore, the punishment imposed is intended to deter and uphold social justice and the integrity of the community. Furthermore, the Islamic concepts of hisbah and amar ma’ruf nahi munkar offer a social framework for collective oversight against corrupt behavior. This study recommends that the values of fiqh jinayah be considered as a moral reference in anti-corruption policymaking and emphasizes the importance of religious values in guiding public officials' ethical conduct.