Corruption Is Different Same as Stealing
July 16, 2018 study, Stie Bumi persada
lhokseumawe, By Tgk.Abdillah.SE
development of Da'wah Islamiyah Yuffidul
Corruption Is Unlike Stealing.
a) .Question:
Assalamualaikum
What is the penalty for corrupt? Is it the same as the thief, that is cutting off the hand? ... Thank you.
b) .Answer:
Wa'alaikumussalam! ..
Corruption and Sanctions Against the Culprit
A. Background Corruption
In Big Indonesian Dictionary it is stated that corruption is, "Dissolution or embezzlement (state money or company etc.) for personal gain or other person" (KBBI Page 462).
Corruption in Latin is called Corruptio - corruptus, in Dutch called corruptie, in English called corruption, in Sanskrit in Ancient Manuscript of Kertagama Country is corrupted meaning literally shows to the damaged, rotten, depraved, dishonest behavior which is related to finance. In the subsequent development of the word "corruption" in the treasury Bah -asa Indonesia is defined as cheating and can be bribed. According to the legal perspective, the definition of corruption has been clearly explained in the 13 Articles in Law no. 31 Year 1999 jo. UU no. 21 of 2001. Based on these articles, corruption is formulated into thirty forms / types of criminal acts of corruption. The articles explain in detail the actions that can be imposed in the prison for corruption. The eradication of corruption places the loss of the state as a form of widespread violation of social and economic rights, in addition to being a law enforcement tool, as well as upholding social and economic justice. From the above definition dap -at understood that the property is distorted by a corrupt employee whenever the property belongs to a certain group of people, such as a company or union property and sometimes the property of all people, ie the property of the people or the property of the state.
B. In the course of jurisprudence,
In fiqh tinjaun an employee of a company or employee of government agencies, when selected to carry a task, in fact he was given the mandate to carry out the tasks that have been charged by the users of his services, in accordance with applicable regulations. Because of the burden of this trust, he gets rewarded (salary) for the task he runs. When he misappropriated the treasured property, and used it not for something that his service user has set, as it is for personal gain or for someone else and not for the benefit he has set, he has betrayed his trust.
In the Shari'a, betrayal of state property is known as ghulul. Although in Arabic terminology, ghulul means the attitude of a mujahid who embezzles the spoils of war before being divided. (Al-Mausu'ah Al-Fiqhiyah Al-Kuwaitiyah, XXXI / 272).
C. In the book of Nadhratun Na'im it is mentioned that among the things which include ghulul is to embezzle the property of the people of Islam (state property), based on the hadith narrated from Al-Mustaurid bin Musyaddad, the Prophet sallallaahu 'alaihi wa sallam said, "Whoever we are appoint as the state apparatus let him marry (with the cost of state responsibility). If you do not have a domestic helper let him take helpers (at the expense of the state). If you do not own a house let him buy a house (at the expense of the state). (Nadhratun Na'im, XI, pp. 5131)
Abu Bakr said, "I am told that the Prophet sallallaahu 'alaihi wa sallam said," Whoever (apparatus) who takes state property in addition to the things that have been described really he has ghulul or he has stolen ". (Abu Dawud, this hadith is declared authentic by Al-Albani).
Ibn Hajar Al Haitami (d. 974 AH) said, "Some scholars argue that embezzling belonging to the Muslims of the baitul maal (state treasury) and zakat includes ghulul". (Az Zawajir an Iqtirafil Kabair, volume II, page 293).
The term ghulul for corruption of state property is also approved by the royalty committee of the Saudi kingdom, in fatwa no. 9450, which reads, "Ghulul, which is: take something from the spoils of war before being divided by the war leadership and includes also ghulul treasure taken from baitul maal (state money) by treason (corruption)". (Fataawa Lajnah Daimah, volume XII, p. 36.)
This is also the result of Dr. tarjih. Hanan Malikah in the discussion of takyiif fiqhiy (fikh's study to determine the form of cases) about corruption. (Jaraimul Fasad fil Fiqhil Islami, Page 99)
D.Hukum Cut Hand for Corruptor
Can corruptors be likened to thieves? When equated with thieves, can it be punishable by hand cut? That is the fundamental question that we should answer.
God says, whomeans:
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَآءً بِمَا كَسَبَا نَكَالاً مِّنَ اللهِ وَاللهُ عَزِيزٌ حَكِيمٌ
"The man who stole and the woman who stole, cut off both hands (as) vengeance for what they do and as punishment from God. Allah is Mighty, Wise. "(Surat al-Maidah: 38).
God's Word commanding to cut off thieves' hands is mutlaq. Not explained how the maximum price of the stolen goods, where the goods he stole and so forth. However, the absoluteness of the above verse in-taqyid (given limit) by the hadith of the Prophet sallallaahu 'alaihi wa sallam.
Later, the scholars required some things to bring down the law of hand-cutting for thieves with the other propositions that relate to theft. Among them: Stolen goods are in (hirz) places that are kept out of reach, such as strong safes / cabinets that are in the bedroom for valuables, such as: Gold, jewelry, money, securities and others and like a garage for cars. If this requirement is not met, it should not cut the thief's hand.
This is based on the words of the Prophet sallallaahu 'alaihi wa sallam when asked by a man from the tribe Muzainah about the punishment for thieves date palms, "Thieves fruit dates from the tree and then taken away, the penalty is he must pay twice. Thieves of fruit from the place of the fruit washing after the punishment is cut off hand, if the price of dates stolen for the shield that is: 1/4 dinar (± 1.07 gr gold). "(HR Nasa'i and Ibn Majah.According to Al- Albani degree of this hadith hasan).
The minimum limit of stolen goods for 1/4 dinars based on the word of the Prophet sallallaahu 'alaihi wa sallam, "It should not be cut by the hands of thieves, but goods stolen for 1/4 dinar until onward." (Muslim)
This hadith explains the intent of the verse which commands the cutting off of hands, that the stolen goods are in the possession of the owner and up to 1/4 of the dinar.
This requirement is not met for corruption cases, because corrupt embezzles state-owned money in his grasp through the position entrusted to him. And he did not steal state money from the state treasury office. Therefore, the scholars have never imposed sanctions on hand cuts to corruptors.
For the case of corruption, the most appropriate is that the corrupt is the same as betraying the mandate of money / goods deposited. Because corruptors are entrusted with the trust of money / goods by the state. While the person who betrayed the mandate by embezzling the money / goods entrusted to him is not punished by his hand cut, based on the words of the Prophet sallallaahu 'alaihi wa sallam, "The one who betrayed the mandate entrusted to him is not cut off his hand". (Tirmidhi and acclaimed by Al-Albani).
Among the wisdom of Islam to distinguish between the penalty for the person who takes the treasures of others by stealing and taking it by betrayal is that avoiding thieves is a very impossible thing. Because he can take other people's treasures stored with any security device. So there is no other way to stop the action is very harmful but by imposing sanctions that make the deterrent and can not repeat again his actions, because his hand which is the main tool to steal, has been cut.
While the person who betrayed the mandate of money / goods can be avoided by not entrusting goods to him. So it is a carelessness, when someone gives trust money / valuables to people you do not know his honesty. (Ibn Qayyim, I'lamul Muwaqqi'in, volume II, page 80)
This is not to say, a corrupt person is free from any punishment. A corrupt person still deserves to be punished. Among the punishments imposed on corruptors are as follows:
1.First corruptor
corruptors are required to return the state money they take, even if they have been used up. The state is entitled to confiscate his remaining property and the unpaid balance will be forever indebted. This provision is based on the words of the Prophet sallallaahu 'alaihi wa sallam, "Any hand that takes the goods of others who are not entitled to bear the obligation until he handed over the goods he took." (Tirmidhi Zaila'i said, "Sanad hadith is hasan").
Secondly, the punishment of ta'zir.
The punishment of ta'zir is the punishment imposed on the perpetrator of a sanctioned crime. The purpose of ta'zir in the Shari'a is to teach the sinner who has no punishment and no kafarah (about his / her sins), because he / she does not fulfill one of the requirements to impose the punishment of had / hudud. Crime corruption is similar to stealing, it just does not fulfill the requirement to cut his hand. Therefore his sentence moved into ta'zir. The type of huku man ta'zir against corruptors is left to ulil amri (the authorized party) to determine it. Can be physical punishment, property, confinement, morale, and others as it, which is considered to stop the desire of people to do evil. Among the physical punishments is the caning of the caning.
It was narrated by Imam Ahmad that the Prophet imposed a whip punishment on a burglar of less than 1/4 dinar.
The sentence of imprisonment (imprisonment) also includes corporal punishment. It is narrated that the Caliph Uthman ibn Affan once imprisoned Abu bin al-Harith because he committed a theft that did not meet the requirements of cutting off hands.
Fines paid twice the nominal price of the goods or state money that they distort is a punishment of property. This sanction is permissible under the words of the Prophet (sallAllaahu 'alaihi wa sallam) against "The thief of the date palm from his tree and taken away, the punishment he must pay double". (HR Nasa'i and Ibn Majah). This ta'zir punishment is applied because the thieves of state property are not eligible to cut their hands, because the stolen goods are not in hirz (proper guarding).
3.What is Ta'zir's Law?
The purpose of ta'zir in the Shari'a is to teach a lesson to a sinner who has no punishment and no kafarah (about his sin committed). In connection with that there are actually three kinds of sinners:
Kind of a sinner who has punishments such as adultery and stealing. Punishment is kafarah for the culprit.
The type of immoral who has a kafarah and no punishment such as intercourse during the day during Ramadan.
The type of immorality whose punishment is not determined by the Shari'a or the Shari'a determines the limits of punishment for the perpetrator but the terms of its implementation are not fully explained, for example fucking a woman other than her greed, stealing something that does not require hand-cutting enforcement in it, feminine woman (lesbian ) and accusations other than adultery, it must be enforced ta'zir on those cases, in the hadith:
"You shall not scour more than ten lashes except in judgment of the judgments of Allah Almighty." (Narrated by Bukhari, Muslim and Abu Dawud)
It is mentioned in a narration that Umar ibn Khattab radhiyallahu 'anhu menta'zir and gave lessons to a person by shaved his hair, alienated and beat the culprit, he also radhiyallahu' anhu burnt the sellers of khamr and burned a village which became the sale of khamr . Ta'zir in the case prescribed is the obligatory ta'zir in the opinion of Imam Abu Hanifa, Imam Malik and Imam Ahmad rahimahumullah.
Ibn al-Qayyim rahimahullah mention menta'zir may be with the treasure, "Verily the Prophet sallallaahu 'alaihi wasallam has menta'zir by holding the spoils of war from people who are entitled to receive it, also reported that he sallallaahu' alaihi wasallam menta'zir people who do not pay zakat with take half his property. The Prophet sallallaahu 'alaihi wasallam said in the hadith narrated by Ahmad, Abu Dawud and Nasa'i,
"What is given by a person for seeking rewards, then he gets his reward, and the pipe that holds it, we will take it and half his property, it is one of the obligations of our Rabb."
Ta'zir is performed by a leader (judge), so the father may do to his son, lord to his slave and husband to his wife -with the condition that they do not do it with exaggeration. It is permissible to add ta'zir to reach makrud (in giving lessons) for a mistake. But if adding ta'zir is not for this purpose, it means that he has exceeded the limit and imposed the punishment that caused his person to perish.
Ibn Rajab rahimahullah delivered an important statement regarding what we are discussing. He said: "Mentioned in Muslim narrations,
"Whoever does something that enforces punishment, then the punishment is upheld, then it becomes a kafarah for him."
This shows that the punishments are kafarah. Sya'by rahimahullah said, 'I have not heard about this matter-that the punishment is a kafarah for the perpetrators-better than the hadith of Ubadah bin Shamit radhiyallahu' anhu. 'And also his saying: So they are punished with syar'i punishments ie punishments that have been established or not stipulated - such as ta'zir - and include taqdir punishments such as calamities and illnesses. There has been a suhih narrated from the Prophet sallallaahu 'alaihi wasallam, that he sallallaahu' alaihi wasallam said,
"Not a Muslim is stricken with sickness, misfortune, anxiety and sadness until a thorn stabs it except that Allah Almighty has blotted out his faults." It has been narrated from Ali radhiyallahu 'anhu that the punishment becomes the expiation of the one who has been punished. Ibn Jarir rahimahullah mentions disputes among the Muslims in this matter, but he utimahlah reinforces that solely by enforced the punishment (for the sinners) then it is kafarah for him, he rahimahullah greatly undermine opinions that disguise it.
E. Conclusion
Company employee or government agency status as a person who is given trust.
Betrayal of public property, greater consequences than treason of private property.
The betrayal of the treasure that becomes amanah is called ghulul.
Including the ghulul category is the act of corruption of state money.
Terms penalty hand cut for thieves, among others:
a. Must reach a minimum value: 1/4 dinar (1.07 gr gold).
b. The treasure taken is within hirz (proper watch of the owner).
Corruption of state or company property (ghulul), including theft act that does not qualify for hand cutting. Because the perpetrator takes the treasures that exist in the area of his power, through his position. So the treasure is not a treasure that is under hirz (custody of the owner).
Penalties for criminals are 2:
a. The punishment stipulated under the provisions of the Shari'a, is called the hudud.
b. Penalties not stipulated under the provisions of the Shari'a, and returned to the judge's decision, called ta'zir.
The penalties imposed for corruptors are as follows:
a. Forced to return all corrupted property.
b. Penalty of ta'zir. This penalty can be either a fine, or a physical whip, or public humiliation, or a prison. Everything is returned to the judge's decision.
Unconscious Corruption
Corruption that You Did not Realize, by Dr. Erwandi Tarmudzi.
This article looks at some violations that are NOT considered corruption by the general public. One of them, using red plate car and other office facilities, for other than service interests? ...
Gifts, Gratification, and Bribery by Dr. Muhammad Arifin Baderi
What's the difference between those three things? What is the true gift nature? What is the status of a reward for an employee / official? What are employee rights?
How to Taubat Corruptors and Recipients, by Ammi Nur Baits
This article is in fact a synopsis of various contemporary scholars' fatwas surrounding gifts, bribes, and corruption. How was he bribed without hope? Can the bribe result be given to the poor? How to repent from a bribe? Everything is here.
Zakat Profession for Employees, by Muhammad Yasir, Lc.
Explain the misunderstanding of a group of people who advocate zakat profession. What is the solution if the agency requires it? And how to calculate the correct employee zakat.
Bribes Allowed, by Muhammad Wasitho, Lc.
Apparently there is a bribe allowed, but there is a condition!
e-mail: tgkbeudibias@gmail.com
So, hopefully useful. Oh God make it easy for us to build the development of Da'wah Islamiyah for a life of benefit.