"دراسة نظرية على قاعدة " الحدود تسقط بالشبهات

Abstract

The Fiqh Rule "Al-Hudūd Tasquthu bi Al-Syubhāt" is a rule that is textually taken from the Hadith of the Prophet Muhammad sallallaahu 'alaihi wasallam. In Islamic criminal law al Hudud are punishments whose limits have been determined according to syara' which is the right of Allah Ta'ala. Judging from the form of punishment Hudud (punishment) is divided into three parts; First, the death penalty, in the case of apostasy, adultery muhsan, leaving the prayer because of laziness and robbers who take property and kill the victim. Second, the punishment of cutting off limbs, in cases of theft and robbery which only robs property. Third, punishment in the form of hitting, in the case of drunkards/drinkers of wine, the case of accusations and cases of adultery ghairu muhsan (unmarried person). These penalties are not enforced if in the case there is doubt, namely the vagueness and ambiguity of the status of the case. The meaning of the Rule of "Al-Hudūd Tasquthu bi Al-Syubhāt" is that all penalties/fines that have been stipulated in the Shari'a for criminal cases, are aborted due to the lack of clarity of the case, then these penalties may no longer be enforced. The ambiguity of the case includes three aspects, namely: The lack of clarity on the criminal perpetrator, because the perpetrator of the crime considers the case permissible/halal. The lack of clarity on the object of the case, because in the object that is the victim there are things that would allow the case. The lack of clarity on the legal status, because there are opinions that allow the case.