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ISLAMICA : Jurnal Studi Keislaman

Keyword

Corruption, reversed proof, Islamic theories of jaw?bir and zaw?jir.

Pengarang

Nasrullah Nasrullah

Subject

ISLAMIC

[Abstrak]

Islamic law consists of a set of norms, principles and rules of law
enforcement, dealing with the eradication of corruption. In the history
of Islamic law, there have been the theories and principles of Islamic
law, such as the theory of jawâbir, zawâjir, and the principle of min ayn lak hâdhâ
(known as the reversed evidence) regarding the application of criminal
sanctions of corruption. The application of criminal sanctions of
corruption in Indonesia, especially with regard to the principle of
reversed evidence has not been well-formulated. For the perfection of
legislation in combating corruption, it is possible for the Indonesian
government to amend the existing legislation, in order to make the
country free from corruption. This paper focuses on the study of
theoretical contributions on sanctions and the principle of proof
evidence in Islamic criminal law to be transformed into criminal
sanctions of corruption in Indonesia, which refers to the theory of jawâbir, zawâjir, and the principle of min ayn lak hâdhâ, which had been done previously by the caliph ?Umar b. al-Khatt?b and succeeded in preventing and combating corruption.

Periode

Vol 9, Nomor 2, Tahun 2015

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