REKONSTRUKSI POSISI PERTOBATAN DALAM HUKUM PIDANA ISLAM

Abstract

Reconstruction of Repentance Position in Islamic Criminal Law. In Islamic criminal law, repentance is
found in almost all categories and forms of crime with variety of its effect on the predetermined criminal shape.
The repentance is an area that has more vertical dimension (divine) than horizontally (human). As influence
punishment, it means to juxtapose two different dimensions which are not equal. This is because the repentance
is not measurable and the punishment should be absolutely measured. However, the Qur’an and the hadith
contain many doctrines of this repentance. This article examines the construct of repentance in view of Muslim
scholars understanding of its alternative position in Islamic criminal law. Studying and analyzing many books of
hadith and books of fiqh jinayah, it was found that essentially all forms of crime, offense, and sin have punishment
consequence, mainly temporal and hereafter punishment should be repented. The study on the verses of the
Qur’an and hadith (-es) stated that the repentance is actually a religious study and it is very individual matter; it
will not affect the criminal punismnet, except if it relates to public interests