Hukuman Had Bagi Pelaku Pencurian Berkelompok Menurut Hukum Islam; Analisis Perbandingan Empat Mazhab

Abstract

This study aims to analyze the concept of had punishment for perpetrators of group theft in Islamic law based on primary sources (the Quran, Hadith, and the opinions of jurists from various schools of law), to identify differences in scholarly views regarding the criminal liability of each member of the group, and to assess the relevance and challenges of its application within the context of contemporary law. This article constitutes library research employing a qualitative approach with a descriptive-analytical methodology. The findings indicate that there are significant differences among Islamic legal schools in determining the had punishment for group theft. Some scholars argue that the punishment of hand amputation applies to all group members if all are directly involved and the legal requirements are fulfilled. Others, however, distinguish between the principal offender (muqtarin) and accomplices, while also considering elements such as coercion or lack of knowledge. The study further reveals that, in the contemporary context, the enforcement of had punishment for group theft is often associated with the principles of syubhat (legal doubt), restorative approaches, and human rights protection, thereby necessitating adaptive ijtihad without neglecting the principles of justice and the objectives of Islamic law (maqashid al-shariah).