Al-Istinbath Jurnal Hukum Islam Vol.
No.
2, 2025, 853-872
P-ISSN: 2548-3374 .
, 25483382 .
http://journal.
id/index.
php/alistinbath The Concept of Tazir in Fiqh Jinayat and Its Relevance to Traffic Ticket Sanctions in Indonesian Traffic Law Mohammad Adnan1.
Badra Uyuni2.
Muhammad Saleh3.
Nilasari Siagian4.
Loso Judijanto5.
Syarif Hidayatullah Jakarta Islamic State University.
Indonesia1 As-Syafiiyah Islamic University.
Indonesia2 STAI Jamiyah Mahmudiyah Langkat.
Indonesia3 Institut Agama Islam Daar Al Uluum Asahan.
Indonesia4 IPOSS Jakarta.
Indonesia5 Corresponding Author : moh.
adnan@uinjkt.
DOI: 10.
29240/jhi.
Received: 02/03/2025 Revised: 03/10/2025 Accepted: 23/11/2025 Cite this article: Mohammad Adnan.
Badra Uyuni.
Muhammad Saleh.
Nilasari Siagian.
Loso Judijanto .
The Concept of Tazir in Fiqh Jinayat and Its Relevance to Traffic Ticket Sanctions in Indonesian Traffic Law.
Approach.
Al-Istinbath : Jurnal Hukum Islam, 10 .
, 2025, 853-872 Doi : 10.
29240/jhi.
Abstract This study aims to examine traffic ticket sanctions from the perspective of fiqh jinayat, with a particular focus on the concept of ta'zir as a form of punishment that is flexible and delegated to the discretion of the ruling authority .
lil amr.
In the context of traffic law in Indonesia, traffic fines are implemented to enforce order and reduce violations that may endanger public safety.
This study focuses on how fiqh jinayat provides a normative foundation for the enforcement of traffic sanctions and its relevance within IndonesiaAos positive legal system.
This study uses a qualitative normative-sociological approach to examine how tazir-based traffic sanctions shape public legal awareness and influence community compliance with traffic regulations.
The analysis uses an explanatory method to explore the correlation between the principles of ta'zir and modern traffic law policy.
The findings demonstrate that fiqh jinayat positions traffic sanctions within the framework of maslahah, aiming to protect life .
ifzh al-naf.
and property .
ifzh al-ma.
Traffic ticket penalties in Indonesia, such as fines for not wearing helmets, license suspensions for reckless driving, or vehicle impoundment for driving without valid Copyright A 2025 Mohammad Adnan, et.
This work is licensed under a Creative Commons Attribution-Non Commercial-ShareAlike 4.
International License 854 | Al-Istinbath: Jurnal Hukum Islam.
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documents, can be classified as tazr punishments.
These sanctions function preventively by deterring future violations and repressively by disciplining offenders to maintain social order.
This study affirms that the principles of fiqh jinAyAt, particularly the concept of tazr, can serve as an ethical and normative foundation for enforcing traffic ticket sanctions within IndonesiaAos positive legal system.
Such integration is essential for strengthening justice, promoting road safety, and ensuring collective welfare in Indonesian society.
This study contributes to the development of contextual Islamic law, particularly through the integration of maqAid al-sharah values with the modern legal system to strengthen public compliance with regulatory norms.
Keywords: Traffic Ticket Sanctions.
Fiqh jinayat.
Ta'zir Concept.
Traffic Law Introduction The development of science and technology has significantly transformed various aspects of human life, including transportation and traffic systems.
Transportation plays a vital role in supporting population mobility and the distribution of goods, ultimately contributing to the economic growth of a nation.
Alongside the rise in the number of motor vehicles, various traffic regulations have been introduced to ensure order and safety on the roads.
1 However, empirical evidence indicates that public awareness and compliance with traffic rules remain relatively low.
This is evident from recent traffic accident statistics:
in 2023, the Indonesian National Police recorded 139,087 accidents .
attributed to human error.
Meanwhile.
Pusiknas reported 414,356 traffic violations captured by ETLE cameras in the same year.
2 These numbers underscore that human negligence remains the dominant factor in traffic incidents, strengthening the argument for a sociological framing of this study.
In the context of Islamic law, traffic order can be associated with the concept of fiqh jinayat, which governs various forms of sanctions for violations within society.
4 One of the types of punishment in fiqh jinayat is ta'zir, which refers 1 Mulyadi Rinto Yulianto.
SYamsah.
AuApplication Traffic Management Task,Ay DEAoRECHHTSSTAAT 1, no.
: 2.
2 Pusiknas Polri.
Jurnal Pusat Informasi Kriminal Nasional (Pusikna.
(Jakarta: Jurnal Pusiknas, 2.
3 C.
Havyrneanu.
, & Havyrneanu.
AuWhen Norms Turn Perverse: Contextual Irrationality vs.
Rational Traffic Violations,Ay Transportation Research Part F-Traffic Psychology and Behaviour 15, no.
: 144Ae151, https://doi.
org/10.
1016/J.
TRF.
4 Sunarto Sunarto.
AuKonsep Hukum Pidana Islam Dan Sanksinya Dalam Perspektif AlQurAoan,Ay Kordinat: Jurnal Komunikasi Antar Perguruan Tinggi Agama Islam 19, no.
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Mohammad Adnan: The Concept of Tazir A.
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to penalties whose form and severity are determined by the authorities .
lil amr.
to uphold public welfare .
5 This concept is particularly relevant to the implementation of traffic ticket sanctions in IndonesiaAos legal system, which aims to deter traffic violations, prevent accidents, and maintain social order.
From an Islamic perspective, adherence to traffic regulations is not merely a legal obligation imposed by the state but is also a religious duty that emphasizes the preservation of life .
ifzh al-naf.
and property .
ifzh al-ma.
Despite the presence of numerous regulations, traffic violations remain widespread, ranging from running red lights and failure to wear helmets to reckless speeding.
This indicates the need for a more comprehensive approach to improving public compliance with traffic rules.
One such approach is strengthening Islamic legal values within traffic law policies.
This can be achieved by promoting Islamic teachings that emphasize obedience to regulations as part of one's obedience to Allah and His Messenger.
Several previous studies have examined the relationship between Islamic law and traffic regulations.
For instance, some works discuss the Muhammadiyah perspective on traffic rules, while others highlight Islamic ethical guidance for promoting road safety and compliance.
6 There are also studies that analyze traffic violations from the perspective of maqAid al-sharAoah, emphasizing the protection of life .
ife al-naf.
as a fundamental objective.
However, these studies generally focus on ethical, social, or maqAid-based arguments without explicitly engaging with the concept of tazr as developed in fiqh jinAyAt.
This gap leaves open the question of whether tazr, as a flexible punitive measure in Islamic criminal law, can provide a normative foundation for state-imposed sanctions such as traffic tickets in Indonesia.
The novelty of this research lies in its attempt to bridge Islamic criminal law, particularly the tazr concept, with positive traffic law in Indonesia, offering a new framework that not only justifies traffic ticket sanctions normatively but also enhances their legitimacy within the perspective of Islamic jurisprudence.
The research employs a qualitative method using a normativeAeempirical 7 The normative approach examines Islamic legal sources and traffic regulations, while the empirical approach is applied to analyze the implementation of traffic ticket sanctions and their effectiveness in promoting public compliance.
Data collection was carried out through library research, encompassing the review of legal documents, scholarly fatwas, and previous studies related to traffic law and fiqh jinayat.
Secondary data were obtained from relevant agencies such as 5 Kasjim Salenda.
AuHukum Islam Indonesia Sebagai Role Model Islam Nusantara,Ay Al- Ulum 16, no.
: 229Ae45.
6 Salenda.
7 Endah Marendah Ratnaningtyas et al.
Metodologi Penelitian Kualitatif (Sigli Pidie: Yayasan Penerbit Muhammad Zaini, 2.
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the police and transportation departments to understand patterns of traffic violations against existing regulations.
The data were analyzed using a descriptive-analytical method, highlighting how fiqh jinayat offers a normative foundation for imposing sanctions on traffic The analysis applied a comparative approach to identify the alignments and differences between Islamic law and positive law in relation to traffic ticket The findings of this study are expected to contribute to the development of a more just legal policy by integrating Islamic legal principles into the national legal system, particularly in the area of traffic law enforcement.
Discussion The Philosophical Foundation of Traffic and Its Relation to Islamic Criminal Jurisprudence In general terms.
AutrafficAy refers to the movement of vehicles and pedestrians on roads.
This includes land-based transportation such as cars, motorcycles, buses, trucks, as well as bicycles, pedestrians, and other road users.
Traffic is governed by a set of rules and regulations designed to ensure safety and efficiency in road use.
8 Effective traffic management is crucial in preventing congestion, accidents, and other issues that may arise from the interaction between different road users.
9 According to Law No.
22 of 2009 on Road Traffic and Transportation in Indonesia, traffic is defined as the movement of vehicles and people within road traffic spaces.
Traffic represents the interaction of several components and behaviors that shape traffic conditions.
These components typically include four elements: road users .
, vehicles, roads as the physical medium of movement, and the surrounding environment.
The human component relates to character and behavior in response to road situations, driving awareness, and moral responsibility in traffic conduct.
According to the U.
Department of Transportation (DoT), traffic congestion may have three primary sources.
The first involves incidents that impact traffic, such as accidents, construction zones, and adverse weather The second relates to traffic demand, meaning routine fluctuations in traffic volume or special events.
The third source pertains to transportation infrastructure, including traffic control devices and physical bottlenecks.
These 8 Desi Albert Mamahit et al.
AuManagement for Lombok Strait with Traffic Separation Scheme (TSS) and Particularly Sensitive Sea Area (PSSA) to Implement the IMO Regulations,Ay Technium Social Sciences Journal 9 .
: 405Ae12, https://doi.
org/10.
47577/tssj.
9 L.
De Souza.
Brennand.
Yokoyama.
Donato.
Madeira.
, & Villas.
AuTraffic Management Systems: A Classification.
Review.
Challenges, and Future Perspectives,Ay International Journal of Distributed Sensor Networks 13, no.
https://doi.
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1177/1550147716683612.
Mohammad Adnan: The Concept of Tazir A.
| 857
infrastructure-related issues account for approximately 40% of overall traffic congestion, followed by traffic incidents such as vehicular accidents .
%), poor weather conditions .
%), construction zones .
%), and inadequate signal timing or special events .
ach contributing 5%)10 The vehicle component refers to the means of transportation used by road users, while the road component involves the design and construction of roadways as shared spaces for users.
The environmental component includes natural conditions such as inclement weather or natural disasters.
These four components collectively determine the level of safety and efficiency in traffic flow.
From the perspective of Islamic legal thought, traffic behavior and ethics on the road are addressed within the framework of Islamic criminal jurisprudence .
iqh jinaya.
With the advancement of technology and the growing number of vehicles, the understanding and application of Islamic legal principles in the context of modern traffic become increasingly relevant.
11 Classical Islamic texts did not specifically address traffic regulations, as modern vehicles and traffic systems did not exist during the early Islamic period.
However, principles relevant to traffic conduct can be derived from various chapters within Islamic jurisprudence, depending on the issue at hand.
The legal foundation for traffic regulations in Islam is rooted in the QurAoan.
Hadith, and the concept of maslahah mursalah .
ublic interes.
13 Obedience to traffic laws is viewed as part of oneAos duty to obey Allah and His Messenger.
this regard.
Islamic traffic jurisprudence .
iqh al-muru.
refers to the body of Islamic legal knowledge that promotes persuasive compliance with traffic rules.
Its ultimate goal is to safeguard and enhance the quality of life for Muslims while navigating public roads.
Traffic Regulations and Their Implications from the Perspective of Islamic Law According to traffic regulations, every motor vehicle driver is required to possess a valid driving license (Surat Izin Mengemud.
in accordance with the type of motor vehicle being operated, as stipulated in Article 77 paragraph .
of Law No.
22 of 2009.
This regulation mandates that all individuals who operate a motor 10 De Souza.
Brennand.
Yokoyama.
Donato.
Madeira.
, &
Villas.
11 Muhammad Yasir et al.
AuThe Legal Protection for Wives in Murder Cases : An Islamic Law and Positive Law Perspective,Ay Pena Justisia 24, no.
: 122Ae39.
12 A.
Sondani.
Gaussyah.
Khairuddin.
Gani.
Hum.
Munir.
Saiful, .
Sarong.
Idami.
Gani.
, & Safwandy.
Fiqh Berlalu Lintas (Banda Aceh: Bandar Publishing, 2.
13 R.
Fariadi.
AuMenggagas Fikih Lalu Lintas Perspektif Manhaj Tarjih Muhammadiyah,Ay Tarjih: Jurnal Tarjih Dan Pengembangan Pemikiran Islam 16, no.
: 61-80.
14 A.
Ghozali.
Umam.
Iwanebel.
Sulanam.
, & Nazal.
Fiqih Lalu Lintas: Tuntunan Islam Dalam Berkendara Secara Aman.
(Surabaya: UIN Sunan Ampel Press, 2.
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vehicle on public roads must hold a driving license appropriate to the vehicle A driving license serves several purposes: it functions as an identification document, allows for the legal seizure of the license in the event of traffic violations or accidents, and acts as proof that the driver possesses the skills necessary to operate a motor vehicle responsibly, thus minimizing the risk of accidents or violations, especially when the driver uses safety gear such as helmets and practices safe riding habits.
Law No.
22 of 2009 provides a comprehensive framework for ensuring traffic discipline, outlining clear obligations for road users that encompass attentiveness, compliance with traffic signs, use of standardized safety equipment, and adherence to movement regulations.
These provisions require motorists to operate vehicles with full concentration, prioritize yellow box markings during congestion, wear nationally standardized helmets, keep motorcycle headlights on during the day, follow all forms of traffic control, from signs and signals to speed limits and parking rules, and use the left lane in accordance with established Such regulations reflect not only technical rules of road safety but also an effort to shape responsible civic conduct in increasingly complex urban Likewise, traffic governance extends to the process of obtaining a driving license, which must follow state procedures and competency-based From an Islamic legal-ethical perspective, adherence to these regulations forms part of the obligation to obey lawful authority .
l al-am.
in matters that promote public welfare .
Contemporary governance challenges, such as corruption, administrative shortcuts, and the persistence of bribery, underscore the importance of integrity within the licensing process.
Practices like obtaining a license without completing required tests, accelerating processing through illicit payments, or displacing the rights of qualified applicants constitute forms of riswah that undermine both legal legitimacy and collective In the broader context of modern transportation systems, such violations not only erode trust in regulatory institutions but also contribute to higher accident risks by allowing unqualified drivers onto the road.
Therefore, both statutory compliance and ethical integrity are essential components of an effective, accountable, and Islamically sound traffic governance system.
Therefore, bribery in traffic enforcement is strictly impermissible.
When a person is caught violating traffic rules, there are two lawful courses of action:
paying a formal fine or undergoing a legal process through the court system, following the issuance of an official traffic violation ticket by the police.
17 From 15 Muh.
Indra Bangsawan Alim.
Candra Nur.
AuJuridical Review Of Traffic Violations Committed By School Children (Case Study of High Schools in Surakarta Cit.
,Ay International Conference Restructuring and Transforming Law 2, no.
: 79Ae85.
16 Ghozali.
Umam.
Iwanebel.
Sulanam.
, & Nazal.
Fiqih Lalu Lintas:
Tuntunan Islam Dalam Berkendara Secara Aman.
17 Ghozali.
Umam.
Iwanebel.
Sulanam.
, & Nazal.
Mohammad Adnan: The Concept of Tazir A.
| 859
the perspective of fiqh jinayat (Islamic criminal jurisprudenc.
, maintaining safety while driving, commonly known as Ausafety ridingAy, is part of the principle of hifzh al-nafs .
reservation of lif.
, which is one of the core objectives .
of Sharia.
18 Islam mandates that human life be safeguarded to the fullest extent, and any act that endangers one's own life or the lives of others is considered a transgression against Islamic law.
Ignoring traffic safety regulations can result in accidents causing injury or death, which in Islamic criminal law may lead to legal consequences such as qisas .
etributive justic.
or diyyah .
lood mone.
, depending on the degree of negligence and resulting harm.
Accordingly, every driver bears both a moral and legal responsibility to observe traffic rules, including the use of protective equipment and the avoidance of hazardous behavior that may endanger oneself or other road users.
Furthermore, criminal acts committed on the road, such as the exploitation of traffic rules for personal gain, acts of intimidation, and organized crime, constitute violations of hifzh al-mal .
rotection of propert.
Islamic criminal law emphasizes that all forms of theft, robbery, or actions that infringe upon another person's property rights are subject to ta'zir .
iscretionary punishment.
or even hudud .
ixed punishment.
, provided the legal conditions are met.
Road crimes not only result in material losses to individuals but also contribute to a general sense of insecurity within society.
19 Therefore.
Islamic law obliges every individual not only to preserve personal safety but also to uphold justice and public order, including in the realm of traffic behavior.
Traffic Ticket Sanctions as TaAozir in the Perspective of Islamic Criminal Jurisprudence TaAozir as the Basis for the Application of Traffic Ticket Sanctions The concept of taAozir refers to a form of punishment imposed by the ruling authority based on considerations of public interest and general welfare .
Unlike uudd, which are fixed punishments outlined in the QurAoan and Hadith, or qiA-diyAt, which relate to violations against individual rights, taAozir is more flexible and may be adapted to social context and preventive aims.
20 In Islamic law, the main objective of implementing sanctions is to ensure public 18 Akhmad Sukris Sarmadi et al.
AuCriminal Liability of Children from the Perspective of Islamic Law and Positive Law in Indonesia,Ay AT-TURAS: Jurnal Studi Keislaman 10, no.
116Ae27, https://doi.
org/10.
33650/at-turas.
19 Ahmad Syarbaini.
Andi Hakim Lubis, and Muhammat Faosan Dohae Bin Abdulsomad.
AuThe Concept Of Corruption According To The Perspective Of Islamic Criminal Law,Ay Journal Mujaddid Nusantara .
19Ae28, https://doi.
org/10.
62568/jomn.
20 Nasrullah.
Konsep Ancaman Pidana TaAozir Dalam Fiqih SyafiAoiyyah (Analisis Terhadap Qanun NAD Nomor 14 Tahun 2.
(Banda Aceh: Pustaka Buku, 2.
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welfare and prevent actions that may harm individuals or society at large.
Therefore, within the context of traffic law, ticket sanctions .
can be categorized as taAozir, as they are intended to prevent the dangers that may arise from violations of traffic regulations.
TaAozir in Islamic jurisprudence encompasses a wide range of disciplinary actions, including warnings, fines, imprisonment, and other corrective measures with an educational nature.
22 In the context of traffic law, ticket sanctions typically take the form of fines or administrative penalties imposed on violators.
These penalties are not merely repressive but also carry an educational function to raise public awareness regarding the importance of traffic discipline.
23 The implementation of ticket sanctions aligns with a fundamental principle in Islamic jurisprudence: preventing mafsadah .
and promoting malauah .
Thus, traffic ticketing policies enacted by the state possess a strong legal foundation both in positive law and Islamic criminal jurisprudence.
The QurAoan outlines various verses that emphasize the importance of prevention and legal enforcement to maintain social order.
One key concept relevant to taAozir in traffic regulation is sadd al-dharAoah .
locking the mean.
, which aims to prevent actions that could potentially cause harm.
24 For instance, failing to wear a helmet or exceeding speed limits may result in fatal accidents.
such cases, the enforcement of ticket sanctions aims to prevent accidents and protect the safety of road users, thereby justifying their classification as legitimate forms of taAozir under Islamic law.
Moreover, the Prophet Muhammad .
eace be upon hi.
stated the principle: lA sarar wa lA sirAr .
o not inflict harm upon yourself or other.
, emphasizing the prohibition of actions that could endanger others, including within the context of traffic behavior.
The application of taAozir in traffic law is also connected to the concept of malauah mursalah, which refers to public interest not explicitly mentioned in scriptural sources yet still deemed relevant for societal well-being.
Traffic regulations such as the requirement to possess a driverAos license (SIM), the use of seatbelts, and the prohibition against running red lights are examples of malauah 21 Karimuddin Abdullah.
AuPerilaku Lesbian.
Gay.
Bisexual Dan Transgender (LGBT) Dalam Pandangan Al-QurAoan Dan Hadis,Ay Al-Mizan 3, no.
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22 Karimuddin Abdullah.
AuTindak Pidana Pelaku Trafiking,Ay Jurnal Al-Fikrah 4, no.
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24 Arif Sugitanata.
AuPendekatan Saddu Adz-DzariAoah Sebagai Salah Satu Sumber Hukum Islam,Ay Law and Justice 6, no.
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25 Akmal.
Muhammad Jafar, and Karimuddin Abdullah Lawang.
Kekerasan Seksual Anak Dan Kebiri Kimiawi Perspektif Maqashid Syariah.
Perkumpulan Rumah Cemerlang Indonesia, vol.
(Tasikmalaya: Perkumpulan Rumah Cemerlang Indonesia, 2.
Mohammad Adnan: The Concept of Tazir A.
| 861
mursalah established by the state to maintain public order and safety.
When these rules are violated, the state has the authority to impose sanctions as a form of taAozir to instill discipline and reduce road accidents.
In other words, traffic law regulations are a manifestation of Islamic legal principles that aim to safeguard the five essential objectives of maqAid al-sharAoah, especially uife al-nafs .
rotection of lif.
and uife al-mAl .
rotection of propert.
In practice, the enforcement of traffic ticket sanctions as a form of taAozir must adhere to the principles of justice and proportionality.
In Islam, taAozir punishments must not be arbitrary.
26 they must take into account factors such as the severity of the violation, its impact, and the social context.
27 Accordingly, the implementation of traffic ticket sanctions requires transparency and clear standards to ensure justice in law enforcement.
For example, the use of electronic traffic law enforcement (ETLE) systems in Indonesia represents an effort to enhance the effectiveness of legal enforcement while minimizing the potential for abuse of authority in handling traffic violations.
Beyond the legal dimension, the application of taAozir in traffic regulation also has deep moral and spiritual significance.
Islam teaches that compliance with regulations is not only a form of obedience to the government but also a manifestation of devotion to Allah SWT.
The Prophet Muhammad SAW emphasized that leaders have the authority to enact rules for the benefit of their communities, and every individual is obliged to comply with such regulations as long as they do not contradict Islamic teachings.
28 Therefore, adherence to traffic laws can be viewed as a form of social worship that reflects Islamic values in everyday life.
From a social perspective, the application of taAozir in traffic law contributes significantly to the development of a culture of order and discipline within society.
Awareness of the importance of following traffic rules not only helps prevent accidents and reduce fatalities but also creates a safer and more comfortable environment for all road users.
29 Often, noncompliance with traffic regulations is rooted in a lack of awareness regarding the importance of safety and public order.
Thus, in addition to firm legal enforcement, continuous public education is necessary to instill the understanding that obeying traffic regulations is not merely 26 Hendra Gunawan MA.
AuPenerapan Hukuman TaAozir Di Indonesia (Suatu Analisis Terhadap Penerapan Hukuman Di Lapas Kota Padangsidimpua.
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a legal obligation but also a social responsibility and an embodiment of Islamic In conclusion, the implementation of traffic ticket sanctions in traffic law can be categorized as a form of taAozir in Islamic criminal jurisprudence, as it seeks to uphold public order and prevent road hazards.
30 These sanctions align with the principles of malauah mursalah, sadd al-dharAoah, and maqAid al-sharAoah, which emphasize the protection of life and property.
Accordingly, traffic ticketing policies enforced by the state have a sound foundation not only in national law but also in Islamic law.
With just and educationally oriented enforcement, the application of taAozir in traffic law can serve as an effective instrument for building collective awareness regarding the importance of safety and order on the roads.
Maslahah and the Implementation of Traffic Law The concept of maslahah .
ublic interest or benefi.
constitutes one of the primary principles in formulating policies related to social life.
Maslahah is a foundational principle used to ensure that the laws and regulations established bring benefit to society and prevent greater harm or damage.
Broadly, maslahah is classified into three main categories: maslahah muAotabarah, which refers to public interests explicitly recognized by the Islamic legal texts .
maslahah mulghah, which contradicts the core principles of Sharia.
and maslahah mursalah, which is not explicitly mentioned in the texts but is necessary to preserve social order.
In the context of traffic law, various regulations enacted by the state can be categorized as forms of maslahah mursalah, as they aim to establish safety, security, and order on the roads.
Rules such as the requirement to possess a driverAos license, the use of helmets for motorcyclists, speed limits, the mandatory use of seat belts, and the prohibition of driving under the influence are examples of the application of maslahah mursalah in modern life.
While these regulations are not explicitly stated in the QurAoan or Hadith, their existence is vital in preventing harm and ensuring the overall welfare of society.
The principle of maslahah in Islamic law is closely related to maqAid alsharAoah, the overarching objectives of Sharia, which aim to protect five essential aspects of human life: uife al-dn .
rotection of religio.
, uife al-nafs .
rotection of lif.
, uife al-Aoaql .
rotection of intellec.
, uife al-nasl .
rotection of progen.
, and uife al-mAl .
rotection of propert.
32 Within the implementation of traffic 30 Muhammad Jafar and Karimuddin Abdullah Lawang.
AuChemical Castration Punishment in the Perspective of Government Regulation Number 1 of 2016 on Child Protection and Islamic Criminal Law,Ay Pranata Hukum 19, no.
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Wakaf Uang Dalam Tinjauan Fiqh Muqarran, ed.
Karimuddin Abdullah Lawang.
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Syahrul.
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| 863
law, two of these aspects are particularly dominant: uife al-nafs and uife al-mAl, that is, the protection of life and property.
ife al-nafs in Traffic Law One of the primary aims of traffic regulations is to protect human life.
Islam, safeguarding life is of utmost importance, as emphasized in the QurAoan:
aa AOII aON Aa aEIacIa aO EIIA Aa UOA a ae e aa a ae "And whoever saves one life, it is as if he had saved all of humanity.
(QurAoan.
Al-Ma'idah: .
Regulations such as the prohibition of driving under the influence, speed limits, and the mandatory use of helmets and seat belts are all measures aimed at protecting the lives of road users.
Violating these rules increases the risk of fatal Therefore, enforcing penalties on traffic violators is firmly grounded in Islamic principles, as it serves to uphold uife al-nafs.
Furthermore, an important legal maxim in Islamic jurisprudence states:
AuPreventing harm takes precedence over acquiring benefit.
Ay33 This principle emphasizes that avoiding danger is more important than achieving certain For example, a person may feel more comfortable riding a motorcycle without a helmet, but this comfort cannot outweigh the risk of a life-threatening Therefore, rules regarding the use of helmets and other protective measures must be enforced to ensure the safety of road users.
ife al-mAl in Traffic Law In addition to protecting life, traffic regulations are also intended to safeguard public and private property.
Traffic accidents not only result in the loss of life but often cause significant material losses.
Vehicles involved in accidents frequently sustain serious damage, requiring costly repairs or complete Traffic laws that set safety standards for vehicles, impose speed limits, and prohibit the use of unroadworthy vehicles aim to reduce the risk of accidents that could lead to such financial losses, both for vehicle owners and for others affected.
Through these regulations, the state seeks to protect citizensAo assets from damage resulting from negligence or legal violations.
In Islamic law, the enforcement of traffic regulations falls within the scope of siyAsah sharAoiyyah, a governance approach grounded in Sharia and oriented toward the public good.
Numerous Islamic legal texts emphasize the importance of obeying the rules set by legitimate authorities, as long as these rules do not Indonesia.
Ay Busriyanti.
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contradict Islamic teachings.
34 One manifestation of the implementation of traffic law is the imposition of sanctions on violators, which in Islamic jurisprudence may be classified as taAozr .
iscretionary punishmen.
Penalties such as fines, vehicle impoundment, or revocation of driverAos licenses are legitimate forms of taAozr, as they are intended to discipline society and reduce the risk of road In addition to law enforcement, public education and awareness campaigns about the importance of obeying traffic regulations are essential.
36 Public consciousness regarding road safety must be instilled from an early age, both through formal education and road safety campaigns.
The application of traffic laws from an Islamic perspective is grounded in the principle of maslahah, aimed at safeguarding the security and welfare of society.
Various traffic regulations, such as the requirement to hold a driverAos license, wear a helmet, adhere to speed limits, and refrain from driving under the influence, are manifestations of maslahah mursalah aligned with the objectives of Sharia, particularly in preserving uife alnafs and uife al-mAl.
Moreover, the imposition of penalties for traffic violations is part of siyAsah sharAoiyyah, which seeks to uphold public order and prevent greater harm .
37 Consequently, compliance with traffic regulations is not merely a legal obligation but also a form of adherence to Islamic teachings, which emphasize the importance of protecting oneself and others.
With this understanding, it is hoped that public awareness of traffic discipline will increase, leading to a safer and more orderly road environment.
The Concept of Ta'zir and Its Purpose in Traffic Law In Islamic criminal jurisprudence .
iqh jinaya.
, ta'zir refers to a type of punishment distinct from hudud and qishash, as it is discretionary and not fixed by scriptural texts.
Unlike hudud and qishash, ta'zir is flexible and can be adapted according to societal needs and temporal developments.
3839 Therefore, within the context of traffic law, traffic fines .
may be categorized as a form of ta'zir, 34 Sulaiman Kurdi.
Jumratul Mubibah, and Ummul Faizah.
AuKonsep Taat Kepada Pemimpin (Ulil Amr.
Di Dalam Surah An-Nisa : 59.
Al-Anfal :46 Dan Al-Maidah : 48-49 (Analisis Tafsir Tafsir Al-Qurthubi.
Al-Mishbah.
Dan Ibnu Katsi.
,Ay Journal of Islamic Law and Studies 1, no.
: 33Ae45.
35 Ali Imron et al.
AuThe Perspective of Shafi Ao i Fiqh on the Legal Ruling of Giving a Ring in the Engagement Process,Ay Journal of Mujaddid Nusantara 1, no.
: 100Ae110.
36 Lalu M.
Alwin Ahadi.
AuEfektivitas Hukum Dalam Perspektif Filsafat Hukum: Relasi Urgensi Sosialisasi Terhadap Eksistensi Produk Hukum,Ay Jurnal Usm Law Review 5, no.
110, https://doi.
org/10.
26623/julr.
37 Seff.
AuKetaatan Terhadap Ulu Al-Amr Dalam Tinjauan Hukum Islam.
Ay 38 Karimuddin Abdullah.
AuUqubah Dalam Fiqh Jinayat: Sebuah Upaya Menasionalkan Hukum Pidana Islam,Ay Journal Al-FIKRAH 22, no.
: 165Ae87.
39 Salenda.
AuHukum Islam Indonesia Sebagai Role Model Islam Nusantara.
Ay Mohammad Adnan: The Concept of Tazir A.
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intended to enforce discipline in driving behavior and to protect the safety of road Traffic violations represent a serious issue that can lead to accidents, fatalities, and material loss.
Consequently, the state, as the legitimate authority, has the right to impose various ta'zir-based punishments on traffic offenders to establish order and safety on the roads.
Ta'zir sanctions in traffic law encompass a range of punitive mechanisms tailored to the severity of the offense, including verbal warnings, monetary fines, revocation of driving licenses, and social sanctions.
In Islam, ta'zir punishments must conform to the principles of justice and proportionality.
40 This means that sanctions must correspond to the degree of the offense and must not be oppressive or excessive.
For instance, an individual who fails to pay a vehicle tax on time should not be treated in the same manner as someone who drives under the influence and causes a fatal accident.
Thus, fairness in the traffic law enforcement system must be preserved to avoid abuses of authority or the imposition of disproportionate penalties.
The primary goal of imposing traffic sanctions is to deter violations and to educate the public, thereby fostering greater compliance with existing 41 According to Islamic teachings, punishments must be rooted in justice and proportionality to prevent injustice in legal enforcement.
A sound understanding of the ta'zir concept is therefore essential to enhance the effectiveness of traffic law enforcement in promoting public awareness and adherence to driving regulations.
In Islam, maqashid shariah .
he higher objectives of Islamic la.
aim to protect five essential elements of human life: religion .
ifzh al-di.
, life .
ifzh alnaf.
, intellect .
ifzh al-Aoaq.
, progeny .
ifzh al-nas.
, and property .
ifzh al-ma.
the context of traffic law, two of these elements are particularly relevant: hifzh alnafs .
rotection of lif.
and hifzh al-mal .
rotection of propert.
The traffic regulations implemented by the state are designed to maintain order in driving conduct, thus safeguarding lives and assets from the risks of accidents and losses caused by negligence on the road.
The concept of hifzh al-nafs in Islam emphasizes the utmost importance of preserving human life.
Human life is a divine gift from Allah that must be protected, and any actions that endanger oneAos own life or that of others are strictly prohibited.
As the QurAoan states: AuAnd do not kill yourselves .
r one Indeed.
Allah is to you ever MercifulAy (QurAoan.
An-Nisa: .
This 40 Moh Khasan.
AuPrinsip-Prinsip Keadilan Hukum Dalam Asas Legalitas Hukum Pidana Islam,Ay Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 6, no.
: 21,
https://doi.
org/10.
33331/rechtsvinding.
41 Sunarto.
AuKonsep Hukum Pidana Islam Dan Sanksinya Dalam Perspektif Al-QurAoan.
Ay 42 Arditya Prayogi et al.
Fiqih Dan Hukum Islam (Sumatera Barat: Yayasan Tri Edukasi Ilmiah, 2.
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command underscores IslamAos prohibition of all actions that pose harm to oneself or others, including unsafe driving behavior.
Every year, countless lives are lost due to traffic accidents resulting from negligence and rule violations.
Therefore, traffic regulations, such as the use of helmets, seat belts, speed limits, and prohibitions against driving under the influence, are manifestations of hifzh al-nafs in contemporary society.
Disregarding traffic laws equates to undermining the sanctity of life, whether oneAos own or that of others.
For example, running a red light or ignoring traffic signs can cause collisions that endanger many lives.
In Islam, such behavior falls under the category of tahqir al-nafs .
evaluing human lif.
, which contradicts Islamic teachings.
Moreover, under Islamic law, a person who causes another's death due to negligent driving may be subject to diyat .
inancial compensatio.
or other penalties as a form of accountability for the victim.
In addition to preserving life.
Islam also upholds the importance of protecting property .
ifzh al-ma.
Property is a trust that must be used wisely and not squandered.
Islamic law considers actions that result in unjustifiable financial loss as a form of extravagance .
, which is forbidden.
45 As Allah declares:
AuIndeed, the wasteful are brothers of the devils, and ever has Satan been to his Lord ungratefulAy (QurAoan.
Al-Isra: .
In the realm of traffic, accidents often lead not only to loss of life but also to significant financial damage.
Vehicle repairs, medical expenses, loss of income due to injury, and the cost of restoring damaged infrastructure are all tangible examples of how driving negligence can result in the waste of property.
Thus, traffic laws also serve to protect the assets of the public from unnecessary loss.
For instance, a driver who exceeds the speed limit or drives while drowsy faces a high risk of crashing and damaging not only their own vehicle but also othersAo.
If every individual drives responsibly and follows the rules, many financial losses from traffic accidents can be avoided.
In Islam, protecting both personal and public property is encompassed in the concept of al-amanah .
, which must be upheld.
Moreover, the existence of vehicle insurance and the principle of liability in traffic accidents are closely tied to hifzh al-mal.
Islamic teachings emphasize that any loss resulting from an individualAos negligence must be compensated.
Islamic jurisprudence, the concept of dhaman .
iability for damage.
obligates a person to reimburse losses they cause to others.
Accordingly, the legal Busriyanti.
AuMaqasid Al-SyariAoah Dalam Penegakkan Hukum Lalu Lintas Di Indonesia.
Ay 44 Prayogi et al.
Fiqih Dan Hukum Islam.
45 Siti Masyithoh Syaira Azzahra.
AuPeran Muslim Dalam Pelestarian Lingkungan: Ajaran Dan Praktik,Ay At-Thullab : Jurnal Mahasiswa Studi Islam 6, no.
: 1568Ae79, https://doi.
org/10.
20885/tullab.
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mechanisms for insurance claims and compensation payments in civil law can be interpreted as implementations of this concept.
The concepts of hifzh al-nafs and hifzh al-mal in traffic law are interrelated and inseparable.
If human life is safeguarded through compliance with traffic regulations, then property is likewise protected from damage due to accidents.
Conversely, when a person drives cautiously to preserve their belongings, they also contribute to the protection of life.
For example, a driver who ensures that their brakes function properly before a journey is not only protecting their vehicle from damage .
ifzh al-ma.
but also preventing potential accidents that could endanger lives .
ifzh al-naf.
Similarly, laws prohibiting driving under the influence are designed to prevent fatal accidents and protect oneAos vehicle from From the perspective of maqashid shariah, traffic laws strongly align with the principles of hifzh al-nafs and hifzh al-mal.
The regulations aim to protect driversAo and road usersAo lives, as well as their property, from the harms of negligence and accidents.
Neglecting traffic laws thus amounts to neglecting the core Islamic values that emphasize the preservation of life and wealth.
Therefore, obedience to traffic laws is not merely a legal obligation under state law but also a moral and religious responsibility.
With a deeper understanding of the Islamic imperative to protect life and property, it is hoped that society will become more conscious of the importance of driving discipline.
Strict regulations and appropriate sanctions for traffic violators are components of the Islamic legal framework that seek to ensure order and promote the common welfare of all members of society.
Conclusion This study demonstrates that the concept of tazr in fiqh jinAyAt provides a coherent ethical and normative framework for understanding traffic ticket sanctions within Indonesian traffic law.
Rather than merely classifying fines or license suspensions as discretionary punishments, this research emphasizes how tazr, with its emphasis on deterrence, social protection, and corrective measures, offers a principled foundation for strengthening public compliance and enhancing the legitimacy of state-imposed sanctions.
The integration of maqAid al-sharah, particularly uife al-nafs .
rotection of lif.
and uife al-mAl .
rotection of propert.
, further reinforces the argument that traffic sanctions serve essential public interests that align with Islamic legal objectives.
A key finding of this study is that the effectiveness of traffic sanctions depends not only on their legal enforcement but also on the moral and socioreligious perspectives through which 46 Syaira Azzahra.
47 Mizunami Fossil Museum.
AuRancangan Undang-Undang KUHPAy 45, no.
95Ae98.
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communities interpret state authority.
When traffic sanctions are framed as instruments of tazr, they possess the potential to enhance legal awareness by connecting state law with values that are culturally and religiously resonant among Indonesian Muslims.
This demonstrates the practical relevance of Islamic criminal law concepts in contemporary public governance.
Nevertheless, this study acknowledges certain limitations.
The empirical dimension relies primarily on secondary sociological data, and no direct field observations or interviews were conducted to measure community perceptions or behavioral responses to Future research should incorporate in-depth qualitative and quantitative fieldwork to examine how the integration of Islamic legal principles actually influences compliance, legal consciousness, and road safety outcomes.
The study contributes theoretically by contextualizing tazr within modern regulatory systems and practically by offering an alternative framework for enhancing the effectiveness of traffic law enforcement.
It suggests that harmonizing Islamic legal ethics with positive law can promote a more holistic, culturally grounded approach to improving public discipline, reducing accidents, and advancing social welfare in Indonesia.
References