Tindak Pidana Pembunuhan Pembelaan Diri Perspektif Empat Madzhab

Abstract

Based on the problem formulation, this study has two objectives, namely: 1) To determine the law on murder in self-defense from the perspective of the four madhhabs. 2) To determine the istinbath method of the four madhhabs in determining the law on murder in self-defense. This research is a library research. The research approach used is a normative Islamic law approach, which is legal research conducted by examining library materials related to the law on homicide in self-defense from the perspective of the four madhhabs. The conclusions of this study are: 1) The Hanafi school of thought states that self-defense is obligatory if an attack threatens one's life. The Maliki school of thought states that self-defense is obligatory but must be preceded by persuasive measures. The Shafi'i school of thought states that self-defense is obligatory if one is attacked by non-Muslims and animals. The Hanbali school of thought states that self-defense is permissible. 2) The legal basis used by the Hanafi school of thought is Surah al-Baqarah verse 195, the Maliki school of thought is based on Surah al-Hujurat verse 9, the Shafi'i school of thought is based on Surah al-Baqarah verse 190, and the Hanbali school of thought is based on Surah al-Baqarah verse 190.