Konstruksi Fiqh Jinayah Tentang Tindak Pidana Bisnis

Muhammad Makmun


This paper constructs jinayah fiqh (Islamic criminal law) in the field of business crime. Criminal acts of the business in question here is malfeasance and crimes of Intellectual Property Rights (IPR). Criminal offense consisting of several positions such as criminal bribery, mark-up the budget and corruption. IPR crimes including counterfeiting and brand piracy works/copyright. Bribery in Islam is an act that is forbidden by hadith, the Messenger of Allah cursed the people who bribe and are bribed, and the letter al-Baqarah: 188 and An-Nisa’: 29. Mark-up the budget haram, because it contains elements of fraud and deceit. Corruption is an act which is forbidden because it contains two elements of corruption, the abuse of office/treasonable to the office and bribery. IPR crime in Islam there is no explicit texts to explain, but the basis used to prohibit the criminal act is wearing maslahah mursalah rule (public good), that is all that the purpose of Islamic law, and the good and eliminate the damage, the law must be executed and enforced. The legal sanctions for criminal malfeasance and criminal IPR sanctions ta’zir Islamic perspective is where the severity of the penalty determined by the size of the levels of risk posed.




Seminar Nasional Competitive Advantage 2012

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