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引用次数: 2
摘要
本研究是对伊斯兰法理学与印尼法系在杀人罪中的年龄影响进行比较研究。我们需要注意孩子们的存在,尤其是他们的行为,这些行为已经失控了。他们的偏差现象是一种消极的社会现象,需要保护、引导和教育。根据以往的研究,那些偏离常规、不受控制的孩子在成年后会成为罪犯。如今,儿童犯罪现象普遍存在,他们参与犯罪,如吸毒、盗窃、打架,并增加到谋杀。本研究将重点关注未成年儿童的谋杀,因为谋杀是一种对个人生命非常危险的犯罪,是违反伊斯兰教法五项原则(daruriyat al hamsah)的法律之一。
Effect Of Young Age in Murder Felony (Comparative Study Between Islamic Jurisprudence and Indonesian Law)
This research was a comparative study on the effect of young age in the crime of murder between Islamic jurisprudence and Indonesian law. The presence of children around us needs attention, especially with regard to their behavior, which is out of control. the phenomenon of their deviation is one of the negative social phenomenon which required protection, guidance and education. According to previous studies, children who deviated and were not controlled would become a criminal when he reaches adulthood. Nowadays, the children's delinquency is widely spread, they are involved in committing crimes such as drugs, theft, fighting, and increased to murder. This research will focus on the murder committed by under age children, because murder is a very dangerous crime to the indivdual life and is one of the law violation againts the five principles of shariah (daruriyat al khamsah).