الاشتراك في السرقة في الفقه الإسلامي دراسة مقارنة

Abstract

Theft is criminal act which is forbidden in Islam and the decree has been set out by Allah Subhanahu Wata’ala. Punishment for the theft is hudud which is to cut off their hand. Among the problems that have arisen among the jurists of Fiqh is about the conspiracy in the crime of theft. Therefore, this academic study will discuss these problems in a comparative study of Fiqh al-Islam. This academic study aims to identify precisely what is meant by theft and knowing the conspiracy, conditions of theft and punishment. Thus, the researcher has divided this academic study into three parts. The first parts, the researcher explains the meaning of theft, the decree and the evidence in al-Quran, Hadith and the consensus of the scholars of Islam. Then the second parts, the researcher will explain about the conspiracy in the crime of theft. The last part will explain the conditions of theft, how to prove and the punishment. The method used in this study is through inductive method and research from the internet to achieve the purpose of this academic study. As finding of this study shows some important aspect such as the priority of religious care, property, life and mind and know the punishment as well as the views of the doctrines. This study also gives a lesson to people to open their minds and thoughts, especially for youths and encourage them to be more careful in looking after the property and safety.