شرط الحرز في السرقة وتطبيقاته المعاصرة في الفقه الإسلامي

Abstract

Cases of theft crimes are now becoming more and more worrying for all society. This research discusses the basic elements that consist of the pillars and conditions that need to be met and complied with in order to convict an offense that is considered a "sariqah" crime and further explains the form and rate of punishment in the book of fiqh and Islam as well as the Syariah Criminal Penal Code Order, 2013 (PKHJS, 2013). Therefore, this research tries to discuss three main points. First, learn the provisions of “sariqah” related to its pillars and conditions. second, explaining the rules and conditions in hirz; and third summarizes one of the contemporary issues related to “sariqah”. This research uses a literature review by analyzing the content of the “sariqah” provision related to the pillars and conditions. The results of this research paper explain the importance of understanding these basic elements well in addition to emphasizing that the provision of the limits of “sariqah” and hirz in “sariqah” must meet strict rules and conditions before being convicted, even if it is not clearly stated. This study discusses the problem of vigilance in theft and its contemporary application in Islamic jurisprudence. Contemporary is important, which is electronic theft, so it highlights the concept of electronic theft, and shows its seriousness. This study discusses the basic characteristics of electronic theft, and shows the most important elements of the crime of theft. It explains credit card and email theft, wireless network services and the applicability of theft conditions to these types.