NILAI-NILAI MASLAHAH DALAM HUKUM POTONG TANGAN: ANALISIS KRITIS PERSPEKTIF HADIS AHKAM

Abstract

The Values of Mashlahah in Punishment of Hand Amputation: Critical Analysis of Hadith Ahkâm. Certain
groups of legal exponents advocating human rights proclaim that Islam is sadistic, inhumane, and anti human
rights religion. The claim is considerably in contrast to the quantum of human benefits which Islamic law contains.
Islam, in fact, appreciates and stresses an importance of human right. There is no doubt that Islam exactly saves
the aggressived person through punishment of cutting off theif’s hand, when its criterion has been complete.
Such punishment is instructive and has wary effect on those who steal property by illegal means. Hence, Islam
actually reduces criminal activities in our daily life. Islam has definite rule that regulates a punishment for all
thieves. Its regulation is applied in accordance with the legal criterion laid down for hand amputation, however,
they will be free from the punishment if the property owner forgives them at all. This indicates that Islam really
apreciates human values as well as loves peace and order in the public interest.