19 May 2010

Corruption in Islam Law

In Islam system, in particular Khilafah Islam by which syariah is implemented, corruption refers to the term ikhtilas. Etymologically, ikhtilas means a robbery of other's assets or properties in which mutual and public interests become the victim. Corruptive behaviors are those abusing power to fulfill self-interest. Corruption is a kind of fraudulent acts (ghulul), which denies syariah laws. This crime truly diminishes the common goods.

Unlike theft, which is in hudud domain, corruption is part of ta'zir domain. Laws that regulate this action can not be applied directly by nash, but instead it needs khalifah or qadhi (judges) to overcome it. Rasulullah SAW claims, "Robbers, corruptors (mukhtalis), and betrayals shall not be subject to hand mutilation punishment" (HR Ahmad, Ashab as-Sunan and Ibnu Hibban).

Instead, ta'zir for the corruptors can be tasyhir (making public a person who corrupts; he or she may be revealed to the public, or by mass media blowing-up), jilid punishment, imprisoned, exiled, or death sentenced. Besides, the corruptor's assets must be removed.

Syaikh Abdurrahman al-Maliki in Nizham al-'Uqubat fi al-Islam writes that punishment for a corruptior is imprisonment for six months to five years; according to how much assets being corrupted. Khalifah Umar bin Abdul Aziz recommended a long-term jilid sentence and/or imprisonment (Ibn Abi Syaiban, Mushannaf Ibn Abi Saybah, V/528; Mushannaf Abd ar-Razaq, X/209). Khalifah Umar bin al-Khaththab ra., used to removed all assets his corrupt official had (see Thabaqat Ibn Sa'ad, Tarikh al-Khulafa' as-Suyuthi).

Resource: Buletin Dakwah Hizbut Tahrir Indonesia, Edisi No. 504, Jum'at 10 April 2010.
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