Hukuman Pidana Mati dalam Hukum Islam dan Hukum Positif

Abstract

This research was conducted with the aim of understanding and explaining how the death penalty is positioned in Islamic law and positive law. The research method used in this study was a comparative research method using data obtained from library surveys. The death penalty is governed by Islamic law and positive law. The death penalty is permissible under Islamic law as long as it commits crimes such as:Murder by deliberate use of lethal means in its habits, adultery, robbery, treason, apostasy. Meanwhile, the death penalty is also allowed under positive law, as long as it covers crimes such as:Crimes against national security, premeditated murder, theft, extortion.