Open AccessPERSEKUSI DALAM TINJAUAN FIQH JINAYAH
Author(s) -
Hanif Azhar
Publication year - 2019
Publication title -
al-‘adalah
Language(s) - English
Resource type - Journals
ISSN - 2503-1473
DOI - 10.31538/adlh.v4i1.437
Subject(s) - persecution , coercion (linguistics) , torture , genocide , criminology , religious persecution , law , human rights , political science , meaning (existential) , fiqh , psychology , theology , philosophy , sharia , islam , linguistics , politics , psychotherapist
Persecution according to the original meaning is a crime against humanity. Violations of human rights. Even some forms of persecution are classified as genocide. In its development, the use of the word perskusi in Indonesia in cases of coercion, ill-treatment, beatings and so on that occurred in the last three years is considered inappropriate and too excessive. Based on the pattern of criminal acts that occur what is referred to as persecution is actually an act of vigilante who in the criminal law system in Indonesia has been known as eigenrechting. Based on the pattern also, the most common criminal element in the act of vigilantism is entering someone else's house without permission, coercion, kidnapping, torture, and beatings. In the fiqh jinayah review, this crime is also classified into several categories of jarimah. The coercive and kidnapping crimes are classified as Jarimah Hirabah. Persecution and beatings belong to jarimah al-jurh. While entering someone else's house, it is Jarimah Ta'zir.