Implementation of Islah Concept (Restorative Justice) in Resolving Online Gambling Criminal Acts: A Comparative Study of Islamic Law and Indonesian Positive Law in Criminal Law Reform RM Hasbi Pratama Arya Agung, Dey Ravena, Dini Dewi Heniarti
Universitas Islam Bandung
Abstract
The phenomenon of online gambling (maysir electronic) has become a complex social problem in Indonesia, not only violating positive law but also contradicting the principles of Islamic Sharia. This research examines the application of the islah concept (restoration/restorative justice) from an Islamic law perspective as an alternative resolution for online gambling criminal acts.
In Islamic law, maysir (gambling) is categorized as a haram act that is explicitly prohibited in the Qur^an and Hadith because it contains elements of gharar (uncertainty), harms individuals and society, and contradicts the principles of Islamic economic justice. However, Islam also teaches the concept of islah which emphasizes social relationship restoration, taubat (repentance), and ta^zir (educative sanctions) aimed at reforming the perpetrator.
Through normative juridical and comparative law approaches, this research analyzes how the principles of islah in fiqh jinayah can be integrated with the restorative justice system in Indonesian criminal law. The concepts of diyat (compensation), sulh (reconciliation), and spiritual guidance can serve as more humane alternative solutions compared to imprisonment alone.
Research findings indicate that implementing islah in online gambling cases can provide more comprehensive justice through: (1) taubat nasuha and spiritual development of perpetrators- (2) compensation (daman) to affected families- (3) rehabilitation programs based on Islamic values- and (4) prevention (sadd adz-dzari^ah) through community education. The integration of these concepts can enrich the treasury of Indonesian criminal law reform that is just and dignified.
