TEORI TA’ZIR DALAM HUKUM PIDANA ISLAM

Abstract

Ta'zir is a part of ‘uqubat (punishment) in Islamic criminal law against something jarimah (error) or in the form of immorality that has been committed by someone. There are several forms of at uqubat in Islamic criminal law: first; jarimah hudud, second; jarimah diyat or qisas, and third; jarimah ta'zir. Ta'zir is a predetermined punishment for jarimah ta'zir. The forms are various, but the determination is left to the authorized party, namely the legislative body or the judge. Ta'zir is a punishment that is educational in nature for sin (immorality) whose punishment has not been determined by syara ', so it must be determined by waliyu amri or the government, because there are no clear texts mentioned by the shari'a in the Al-Qur'an and Al -Hadits. Jarimah ta'zir can be divided into two parts, namely: first; jarimah ta'zir, which is confusing the rights of Allah, and secondly; jarimah ta'zir, which is confusing to individual or human rights. The purpose of the sentence is determined to cleanse, shape and improve the perpetrators of disobedience and as a form of protection for the community.Keywords: Ta'zir, Law, Criminal, Islam