Jinayat Ash-Shabiy 'Inda Al-Madzahib Al-Arba'ah

syaepudin, syaepudin and , Muhammad Khaeruddin Hamsin Lc. LLM. Ph.D and , Dr. Imron Rosyadi M.Ag (2021) Jinayat Ash-Shabiy 'Inda Al-Madzahib Al-Arba'ah. Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This thesis entitled: "Jinayatus Shabiy 'Inda Al-Madzahib Al-Arba'ah" proposed by Syaepudin with his student number guided by Dr.Muhammad Khairuddin Hamsen, MA and Dr.Imran Rasyadi MA to get master degree on fikih and its ushul in Universitas Muhammadiyah Surakarta. This thesis aims to study the problem of jinayat or crimes committed by a small child, both crimes to the soul, namely murder or non-soul, in the form of injuring or damaging other people's limbs. This discussion is of a biblical nature which includes a theoretical review of the words of the four Islamic jurisprudence experts along with the examples they have mentioned. The formulation of the problem consists of 3 things: (1) when is a child considered to have committed or punished legally in a criminal matter? (2) is a child and adult male who convert to Islam punished with the same thing in matters of jinayah [killing or injuring]? (3) what did the four Madzhab Imams say about crimes committed by young children? The result of this thesis is that a child will be punished for an act when he or she has reached the age of puberty, and each child is different in age, most of them are aged when they are 15 years old. A small child is different from an adult who converts when he commits a crime to the soul [kills] or injures the limbs of others. The priests of the four schools of thought differed in the two opinions that if a child deliberately kills another person, is the deliberate act of a child being punished like an adult, namely diqishah or is his deliberate act considered khata '[accidental] ?. Meanwhile, in matters other than the soul of the scholars, it is agreed that small children will not be discriminated against when injuring or damaging other people's limbs. They have different opinions in whether the diyat / fine is taken from the child's property or from his relative?

Item Type:	Thesis (Thesis)
Uncontrolled Keywords:	crime / criminality, small children, the four schools
Subjects:	B Philosophy (General) > BA Islam > BA12 Hukum Ekonomi Islam B Philosophy (General) > BP Bahaism. Theosophy, etc H Social Sciences > HN Social history and conditions. Social problems. Social reform
Divisions:	Fakultas Agama Islam > Hukum Ekonomi Syariah (HES)
Depositing User:	SYAEPUDIN
Date Deposited:	14 Feb 2021 12:21
Last Modified:	27 Sep 2022 06:40
URI:	http://eprints.ums.ac.id/id/eprint/88768

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