Reconstruction of Repentance Position in Islamic Criminal Law

Abstract

Reconstruction of the Position of Repentance in Islamic Criminal Law. Repentance is found in almost all categories and forms of crime with a variety of opinions about their influence on the criminal form that has already taken place determined. The contrast here is that repentance is an area with more vertical dimensions (divine) rather than horizontal (human). Placement of repentance as influencing punishment means to juxtapose two things that are different dimensions that are less commensurate. This is because repentance is not measurable, while the punishment for an offense must be very measurable. However, the Quran and hadith contain many doctrines about this conversion. This article examines the construct of repentance in the understanding of scholars and alternative position of repentance in Islamic criminal law. Based on research on hadith books and fiqh jinayah, it was found that basically all forms of crime, transgression, and sin had sanctions, both worldly and ukhrawi which must be treated. The study of the verses of the Koran and hadith shows that repentance remains a very individual area; he will not influence punishment except if someone's actions have touched the interests of the community. Keyword: Reconstruction, Islamic Criminal Law, Repentance, Sanctions, Sin