HIRÂBAH DAN HUBUNGANNYA DENGAN HUKUMAN TA‘ZÎR BAGI PELAKU KORUPSI DALAM HUKUM PIDANA ISLAM (Kajian Tafsir Ahkam Terhadap QS. al-Mâidah Ayat 33)

Abstract

In Islamic criminal law perspective, the corruption can be categorized as criminal acts refer­­red to hirâbah. Today the emerging discourse of the death pe­­nal­ty for coruptor as ever be discussed by NU and Muhammadiyah that are trying to resurrect its determination to fight cor­ruption in Indo­ne­sia. The problem is whether it is governed by Islamic law? This needs to be answered whe­ther there is a legal ba­sis for corruptor that to be given such a heavy sanction the death penal­ty? Based on this, the author intends to explain how the meaning hirâbah in QS. al-Maidah ver­se 33 and its rela­tionship with ta'zir penalties for perpetrators of corruption. The re­sultof this study can be concluded that corruption can be categorized as hirâbah. The most appropriate sanction needs to be be given to the hirâbah or corrupt stated in the QS. al-Maidah verse 33. The verse of hirâbah sanctions there are four kinds: a) killed; b) crucified; c) cut their hands and feet are crossed; and d) be removed to outside country. However, the classifica­tion of types of sanc­tions for corruption acts are committed by the offender, the scholars diffe­rent views in order with degree and level.