al-Rasckh: Jurnal Hukum Islam
P-ISSN: 2089-1857 | E-ISSN: 2580-2755
Vol.
15 No.
November 2025, 299-314 DOI: https://doi.
org/10.
38073/rasikh.
The Principle of Al-udd Tasqu bisy-SyubuhAt: An Analysis of the Concept.
Arguments, and Implications in Contemporary Islamic Criminal Law Kiki Reski Amalia DT1*.
Nur Aidah Fauziah2.
Achmad Musyahid3.
Imran Anwar
Kuba4
1,2,3,4
Universitas Islam Negeri Alauddin.
Makassar.
Indonesia kikireskiamaliadt021@gmail.
com, 2nuraidahfauziah@gmail.
com, 3achmad.
musyahid@uinalauddin.
id, 4imran.
anwar@uin-alauddin.
Submitted: July 2025 Revision: November 2025 *) Corresponding Author Copyright A2025 Authors Accepted: November 2025 Published: November 2025 Abstract The application of hudud in Islamic criminal law requires the highest level of legal certainty due to its direct relation to the protection of life, dignity, and individual freedom.
The concept of shubha functions as a crucial safeguard to prevent judicial error in punishments that are fixed and irreversible.
This study aims to analyze the concept, legal foundations, and contemporary implications of the maxim al-hudud tasqut bi al-shubuhat.
Using a qualitative descriptive literature study, the research reveals four key findings: shubha operates as a barrier to enforcing hudud when doubt exists in the act, intention, or evidence.
classical and modern scholars consistently affirm that even minimal doubt nullifies hudud to preserve justice.
the judicial practice of the ProphetAos Companions demonstrates exceptional caution toward ambiguous cases.
and the standard of proof for hudud must reach absolute certainty.
The study concludes that shubha serves as a fundamental principle for ensuring substantive justice.
Its main contribution lies in strengthening the relevance of this maxim within modern Islamic criminal law discourse.
Keywords: Hudud.
Shubha.
Islamic Criminal Law.
Evidentiary Standards.
Substantive Justice.
Abstrak Penerapan hudud dalam hukum pidana Islam menuntut kepastian hukum yang sangat tinggi karena berkaitan langsung dengan perlindungan jiwa, kehormatan, dan kebebasan individu.
Kehadiran konsep syubhat menjadi mekanisme penting untuk mencegah kesalahan dalam penjatuhan hukuman yang bersifat tetap dan tidak dapat dikurangi.
Penelitian ini bertujuan menganalisis konsep, dasar hukum, serta implikasi kaidah al-hudud tasqut bisy-syubuhat dalam kerangka hukum kontemporer.
Metode yang digunakan adalah studi literatur dengan pendekatan deskriptif-kualitatif.
Hasil penelitian menunjukkan bahwa syubhat berfungsi sebagai penghalang penerapan hudud ketika terdapat keraguan pada unsur perbuatan, niat, atau alat bukti.
Kajian klasik dan kontemporer menegaskan bahwa keraguan sekecil apa pun menggugurkan hudud demi menjaga keadilan dan mencegah kekeliruan yudisial.
Praktik sahabat Nabi juga memperlihatkan kehati-hatian tinggi dalam memutus perkara yang mengandung ambiguitas hukum.
Temuan penelitian mengindikasikan bahwa standar pembuktian hudud harus mencapai tingkat keyakinan yang mutlak.
Penelitian ini menyimpulkan bahwa konsep syubhat merupakan prinsip fundamental dalam menjaga keadilan substantif.
Kontribusi penelitian terletak pada penguatan relevansi kaidah ini bagi pengembangan hukum pidana Islam modern.
Copyright A 2025 Kiki Reski Amalia DT et al.
This article is licensed under CC-BY-SA | 299 The Principle of Al-udd Tasqu bisy-SyubuhAt Kata Kunci: Hudud.
Shubha.
Hukum Pidana Islam.
Standar Pembuktian.
Keadilan Materiil.
INTRODUCTION
Islamic criminal law possesses a highly unique system, which differs from the modern criminal law systems that have developed in various countries.
One of its unique characteristics lies in the provisions for fixed punishments .
, which are stipulated in the Qur'an and the Sunnah of the Prophet Muhammad.
Hudud punishments cover severe offenses such as zina .
dultery/fornicatio.
, theft, qadzaf .
alse accusation of zin.
, drinking alcohol, apostasy .
, and hirabah .
rmed robber.
Since these punishments are ta'abbudi .
nlimited/worship-oriente.
and have been explicitly established by nash .
extual evidenc.
, their application requires extremely high standards of proof and extraordinary caution.
In the context of this caution, fiqh scholars formulated an important legal maxim in Islamic criminal law: "Al-udd Tasqu bisy-SyubuhAt" which means "Hudud punishments are dropped due to doubt.
" This principle emerges as an embodiment of the principle of justice in Islamic law.
Islamic law strictly regulates the principles of justice and caution .
in the execution of the law, particularly in major aspects concerning the most fundamental human rights, such as life, honor, and freedom.
This principle also demonstrates how Islamic law is not rigid and formalistic, but possesses a strong substantive and humanist side.
Islam does not mandate the application of severe punishment unless the elements of the offense have been definitively proven without a reasonable doubt.
Thus, if there is doubt, whether in the factual aspect .
uch as the unclarity of intent, ownership status, or consen.
or the legal aspect .
or example, differences in the interpretation of a tex.
, the hudud punishment cannot be imposed.
This principle is based on various narrations, both from the sayings of the Prophet Muhammad and the practice of the Prophet's companions, including Caliph Umar bin Khattab and Caliph Ali bin Abi Thalib, who consistently avoided the application of hudud punishment when there was doubt in the case being adjudicated.
The application of this principle is highly relevant for addressing contemporary challenges in the Islamic criminal law system, especially concerning evidence, legal interpretation, and the protection of defendants' rights.
The implementation of this principle is also a crucial solution to avoid fatal errors that could violate the principle of justice and humanity.
In fact, this principle can be viewed as a tangible manifestation of "dar'u al-mafAsid muqaddam alA jalb al-masAlih" .
rioritizing the avoidance of harm over the achievement of benefit.
, because preventing a wrongful punishment is more Sibawaihi et al.
AuHak Asasi Manusia Dalam Perspektif Al-QurAoan,Ay As-Salam: Journal Islamic Social Sciences and Humanities 2, no.
: 19Ae30.
Lulu Nurul Ambiya et al.
AuPrinciples of Politics in Islam Based on the QurAoan and Their Application During the Caliphate Era: Prinsip-Prinsip Politik Dalam Islam Berdasarkan Al-QurAoan Dan Penerapan Pada Masa Kekhalifahan,Ay JSPH : Jurnal Sosial Politik Humaniora 1, no.
https://doi.
org/10.
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important than imposing a punishment merely to symbolically enforce the rule.
Amidst the development of Islamic legal discourse and its application in national legal systems in various Muslim countries, this principle needs to be studied in depth.
Previous research has strengthened the understanding of the importance of the syubhat .
principle in hudud.
Research conducted by Ar-Razy et al.
highlights how various forms of doubt become factors for nullifying the application of hudud and opening the door for taAozr sanctions as an alternative.
3 The study by Aykul and Uddin .
also affirms that the element of doubt has been an integral part of the Islamic jurisprudence tradition since the TabiAoin period, especially in the thought of the jurists of Kufa.
4 Gunawan et al.
, in their research on the offense of qadhaf, show how the ambiguity of meaning as a form of syubhat can nullify hudud.
5 Meanwhile.
Hikmah et al.
's research on Umar's ijtihad in adultery cases confirms that hudud should not be applied as long as there is an aspect of doubt, whether in the perpetrator's intent, knowledge, or circumstances of compulsion.
6 Furthermore, the study by Saputra and Erlina .
underscores the value of rahmah .
in the concept of hudud, including the caution manifested through the syubhat maxim,7 and the research by Fatah and Nisa .
also highlights the social dimension as an element of syubhat that can delay or nullify the application of fixed punishments.
8 These various studies indicate a contemporary academic consensus that the maxim al-uudd tasqu bi al-syubuhAt is an integral principle in maintaining justice and humanity within the Islamic criminal law Although these diverse studies have discussed the importance of doubt in the nullification of hudud, research that specifically examines the maxim al-uudd tasqu bi al-syubuhAt comprehensively from the conceptual aspect, textual evidence .
alil nas.
, the relevance of maqAid al-syarAoah, and its implications in the contemporary legal context is still relatively limited.
Most previous studies only highlighted one sideAifor instance, the causes of syubhat, the thought of a particular figure, the moral value of hudud, or the social contextAiwithout integrating all these elements into a coherent analysis capable of explaining how the syubhat principle can be applied in modern legal Rofi Sabda Muhammad Ar-Razy et al.
AuSebab Syubhat Dalam Penerapan Sanksi Jarimah Hudud Serta Pengaruhnya,Ay Tashdiq: Jurnal Kajian Agama Dan Dakwah 1, no.
: 81Ae90, https://doi.
org/10.
4236/tashdiq.
Abdulmuid Aykul and AHM Ershad Uddn.
AuEvaluating the Influence of Doubt (Shubha.
in the Implementation of Hudud Penalties,Ay AHKAM : Jurnal Ilmu Syariah 25, no.
: 87Ae104.
Hafid Gunawan et al.
AuPenerapan Kaidah Fiqih Jinayah Dalam Qadzaf Secara Kinayah,Ay Hidayah :
Cendekia Pendidikan Islam Dan Hukum Syariah .
163Ae73, https://doi.
org/10.
61132/hidayah.
Nur Hikmah et al.
AuAnalisis Kaidah DarAou al-udd Bi al-SyubuhAt Dalam Kasus Perzinahan Menurut Ijtihad AoUmar Bin al-KhaAb: Analysis of the Legal Maxim DarAou al-udd Bi al-SyubuhAt in the Case of Adultery According to the Ijtihad of AoUmar Ibn al-KhaAb,Ay AL-FIKRAH: Jurnal Kajian Islam 2, no.
: 109Ae29, https://doi.
org/10.
36701/fikrah.
Adha Saputra and Lira Erlina.
AuNilai-Nilai Rahmat Islam Dalam Konsep Hudud,Ay ZAD Al-Mufassirin 5, 2 .
: 267Ae91, https://doi.
org/10.
55759/zam.
Nur Fauzi Fatah and Ulfatun Wahidatun Nisa.
AuDimensi Sosial dalam Hudud: Analisis Dimensi Sosial dalam Penerapan Hudud,Ay Journal of Islamic and Occidental Studies 1, no.
: 17Ae40, https://doi.
org/10.
21111/jios.
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Therefore, this research seeks to fill that gap by presenting a more comprehensive study on the concept, evidence, wisdom, and implications of the maxim al-uudd tasqu bi al-syubuhAt, while simultaneously affirming that Islamic criminal law pays close attention to substantive justice and the protection of individual rights.
This approach is expected to demonstrate the contemporary relevance of the maxim and provide a scientific contribution to the understanding and implementation of Islamic law in the modern era.
RESEARCH METHOD
This study employs a descriptive qualitative method with a literature-based approach, as its primary focus lies in understanding the concepts, evidentiary foundations, and normative analysis of the principle al-hudud tasqut bi al-shubuhat within the framework of contemporary Islamic law.
Data collection in this research follows four stages: .
Identification of data sources, in which the researcher first identifies various materials relevant to the research theme, such as scholarly journals, online articles, books, documents, previous studies, and others.
Literature collection, where all references related to the studyAicovering conceptual aspects, legal foundations, and their applicationAiare gathered to construct a theoretical framework.
Source selection, in which the collected data are screened based on three criteria: relevance, credibility, and and .
Data recording and documentation, where each piece of information is documented and organized thematically according to the research focus, with proper The analysis then proceeds through data extraction, data classification, data presentation, interpretation, and conclusion drawing by identifying the main concepts associated with the principle al-hudud tasqut bi al-shubuhat: an examination of its concept, evidentiary basis, and implications in contemporary Islamic criminal law.
RESULTS AND DISCUSSION
The Definition of the Maxim Al-udd Tasqu Bisy-SyubuhAt The Fiqh Maxim Al-udd Tasqu Bisy-SyubuhAt can be interpreted to mean that as long as no evidence has been obtained showing that the act committed by a person constitutes a violation of the rules, that person cannot yet be sentenced to the established prison punishment .
rescribed by Shari.
Syubhat .
, which in etymology means similarity, doubt, or unclarity, is the plural form of syubhah derived from the word "syabaha-yasybahu-syabhan-syubhatan", containing the meaning of similarity, hesitation, or ambiguity.
10 Terminologically, syubhah is a combination of two evidences .
, between the dalil that permits and the dalil that prohibits an action.
For instance, in a theft case, there is a clear prohibition against taking the property of others, while for Zulfahmi Zulfahmi et al.
AuCriminal Sanctions for Extortionists in the Perspective of Positive Law and Islamic Criminal Law: A Comparative Analysis,Ay Al-Rasckh: Jurnal Hukum Islam 14, no.
: 1Ae16, https://doi.
org/10.
38073/rasikh.
Hikmah et al.
AuAnalisis Kaidah DarAou al-udd Bi al-SyubuhAt Dalam Kasus Perzinahan Menurut Ijtihad AoUmar Bin al-KhaAb.
Ay 302 | al-Rasckh: Jurnal Hukum Islam.
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emergency conditions, there is a related dalil concerning the permissibility of taking the property of others due to pressing conditions for survival.
this condition forms the basis of the syubhat criminal concept.
According to Abu Zahrah, a fiqh expert, he explains specific circumstances experienced by the perpetrator of a crime or the target of criminal law that can lead to the nullification of the hadd punishment .
In this condition, it may be replaced by another punishment, such as taAozr, based on the judge's decision.
Syubhat in this case, uncertainty does not always mean total uncertainty.
Uncertainty encompasses various forms of doubt that can hinder the certainty regarding essential elements of a criminal offense, such as conditions .
, pillars .
, or For example, in a theft case, if there is doubt as to whether the stolen goods have reached the nisab .
inimum threshol.
, then hudud is not applied.
Meanwhile, in linguistics, hudud means prohibition.
According to Islamic law, hudud constitutes sanctions that have been definitely established within certain limits because they violate the rights of Allah swt.
Etymologically, the word hudud is the plural form of had, which means to separate something so that it does not mix with others or to not exceed the limit.
There is also another hadith of the Prophet Muhammad AA, including his saying:
ac a a a a ac a a U a e a a a a a e a e a e a a e a a e a e a a a aa
eAE eAO a eO U IIA
a AO aIA
AOA
a AA
AOA
AIA
AIA
AIA
AEuA
AIA
A A auAUA A auI EI EN I AEO aOENAUAEI e aE aIOI I IA A a aO EA e a e aAE aCOA AI O a aAOA Meaning: AuAvert the application of hudud from the Muslims as much as you can.
If there is a way out .
hat can avoid hudu.
, then let him go.
Indeed, an error of the imam .
uler/judg.
in pardoning is better than his error in imposing punishment.
Ay (Narrated by al-Tirmidzi.
Ibn Majah, al-Daryqun, with a hasan chai.
ac A( " ae aO E aaOa aEAAvert hudud with syubha.
is very Although the hadith "AA a Aa aNA popular and serves as the main maxim, its status is debated among hadith experts.
Some scholars, such as Al-Suyuthi citing Ibn Hajar, state that even though the individual narrations might be weak, the collection of these narrations mutually reinforces each other until they reach the level of sahih .
However, other scholars like Al-Tirmidzi and Al-Baihaqi specifically rate some of its chains of narration as dha'if .
This difference in perspective in takhrij .
adith analysi.
indicates that the hadith foundation itself is not free from methodological syubhat, although the maxim is accepted by ijma' .
in practice.
The Legal Foundations of the Principle Al-Hudud Tasqut bi al-Shubuhat Deden Najmudin et al.
AuSyubhat Dalam Pelaksanaan Hudud Menurut Abu Zahrah,Ay Tashdiq: Jurnal Kajian Agama Dan Dakwah 2, no.
: 1Ae18.
Ayu Fifin Sonia et al.
AuAnalisis Yuridis Tindak Pidana Pencurian Dalam Perspektif Hukum Pidana Dan Hukum Pidana Islam : Studi Kasus Putusan Nomor 87/Pid.
B/2023/PN.
Sbr,Ay Edulaw : Journal of Islamic Law and Yurisprudance 7, no.
: 119Ae33, https://doi.
org/10.
47453/edulaw.
Muhammad Bin Mukram bin Manzur.
Lisan Al-Arab.
Juz II (Beirut.
Dar 1409 Sadir, 1.
Najmudin et al.
AuSyubhat Dalam Pelaksanaan Hudud Menurut Abu Zahrah.
Ay al-Rasckh: Jurnal Hukum Islam.
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November 2025 | 303 The Principle of Al-udd Tasqu bisy-SyubuhAt The basis for applying the legal maxim Auuadd punishments may be annulled due to shubuhat .
Ay can be found in QurAoan Surah al-IsrAAo .
a a a c a a ea
e a e U
a aca
a e aa
a ac a a AcaE aAcaI aI aO caE a aE eO aN aO aE a aA
A a aO a O aO aI EI aI a a eOI O I eA
AOA
AaI aI NO A aII aO eN a eO aEIA aNon OIIA u Aa a eOEA Meaning: AuWhoever is guided, he is guided only for the benefit of himself.
And whoever goes astray, he goes astray only to his own detriment.
No bearer of burdens will bear the burden of another.
And We never punish .
until We have sent a messenger.
Ay The meaning of this verse in relation to the maxim that uadd punishments may be annulled due to shubuhat is that Allah emphasizes the principles of justice and caution in imposing legal punishment.
No punishment may be applied without legal certainty and clear evidence.
In contemporary Islamic legal practice, this principle serves as a foundation: if an act still contains shubuhat, then uadd punishment must not be enforced due to the ambiguity that remains unresolved.
This maxim aligns with the meaning of QS al-IsrAAo 17:15.
In addition to the QurAoan, this principle is also supported by the ProphetAos saying narrated by Ibn AoAd from the chain of Ibn AoAbbAs RA:
Au EAO ENAA Meaning: AuAvoid applying uadd punishments due to the presence of ambiguity.
Ay (Narrated by Ibn AoA.
A more complete narration is found in the reports of al-Tirmidh, al-Akim, and Ibn ibbAn, transmitted from AoAAoishah RA:
e ac e a ac e a a a a e a e a e a e ac a e a a a ac a a a a a ac a a a a a e a aca a a a ac a ac e a e
AEI aCO I EN aOA
a AI EI aI I EOa O I sO EA aO I II I aO I O aO I aO sA
e a a a ae
a a a ac ac a ac a a a a a e a a a a a e a a a a e a e a a e aa e a a e ac
A eI A auI EIA
AcEE E eONa aO aE aI a aO EO eI E aI e aE aIOI IA AcEE AEOA
a AI eO I a CE CE OEA
Uae a a a AI eI aOe a AO eE a eAO a eO U I eI eI aOe a AO eE a aCA
a A aA a caEO aOEa aN aAucaI eEu aIA
AO aA
AIA
ANA
AEA
a a a a Meaning: AuPrevent uadd punishments from being applied to the Muslims as much as you If you find a way out for a Muslim, then choose that way.
Verily, a leader who errs on the side of pardoning is better than a leader who errs on the side of punishment.
Ay This hadith instructs caution in judging a Muslim through legal decisions.
The ProphetAos use of the imperative form .
in the hadith, according to the principles of ul al-fiqh, indicates an obligation.
However, this command is not absolute, since the phrase Auas much as you canAy introduces a condition: the presence of some possibility or When combined, these narrations show that the AugapAy refers to the existence of ambiguity .
The jurists differ regarding the definition and ruling of ambiguous property .
Al al-shubh.
Aia matter relevant to theft .
Al-Suy, for instance, notes varying opinions: some deem transactions involving predominantly unlawful wealth as makruh 304 | al-Rasckh: Jurnal Hukum Islam.
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rather than haram, so long as the specific item used is not clearly proven unlawful.
Others argue that if the unlawful portion is greater, the entire act becomes prohibited, and if the lawful portion is greater, the entire act becomes permissible.
This diversity of legal opinions concerning the status of property may itself constitute shubhat f al-mauall .
mbiguity concerning the objec.
, which nullifies the uadd punishment of amputation.
The Application of the Maxim Al-udd Tasqu Bisy-SyubuhAt The application of the maxim in Islamic fiqh dictates that when the severity of the hadd punishment established by Allah swt.
is very serious and obligatory to execute, it must be carried out.
However, if there is doubt .
n unclear matte.
, the hadd punishment is dropped or reduced.
Based on this legal mitigation, the doubt that can nullify hadd must also be strong and certain, so that the existing doubt becomes a major consideration to avoid hudud.
Conversely, if the existing doubt is not strong in its evidence, then that doubt cannot nullify the existing Hadd, and the Hadd must still be upheld.
The unclearness of the matter encompasses three aspects: .
Syubhat fi al-mahall (Doubt concerning the locale of the prohibited ac.
, which is skepticism related to the location of the prohibited act, such as having intercourse with a wife during menstruation, fasting, or anal sex with the wife.
The skepticism here lies in the place of the prohibited act, because on one hand, the location belongs to the husband and he has the right to intercourse, and on the other hand, it is forbidden to have intercourse with her at that time.
Thus, the prohibition of intercourse with the wife in that specific condition constitutes skepticism.
Syubhat fi al-fa'il (Doubt concerning the perpetrato.
, which is skepticism toward a man who performs an act, such as intimate relations with a woman he assumes to be his wife, but in reality, she is not.
This skepticism exists because of the perpetrator's seriousness and on one hand, he believes he is not committing a prohibited act, and on the other hand, he assumes the person he is having relations with is his own wife.
Syubhat fi al-jihah (Doubt concerning the legal aspec.
is doubt related to the status of permissibility or prohibition of an act, as this syubhat arises due to differences in fiqh For example, according to Abu Hanifah, marriage is permissible without a guardian .
according to Malik, it is permissible without witnesses.
and Ibn Abbas also permitted nikah mut'ah .
emporary marriag.
If intimate relations occur under some of these types of marriages, it is not considered zina .
dultery/fornicatio.
that results in hadd sanction.
Syubhat cannot nullify the obligation to pay fidyah .
ompensation/expiatio.
, because fidyah is fundamentally compensation for loss, unlike kaffarah .
xpiation or fin.
, which can be categorized as a matter of hadd punishment.
The subject and place of the act can nullify the sin and the prohibited ruling of the act committed.
Imam AtTajjuddin as-Subky suggests that the doubt that can nullify hadd or kaffarah must be strong or truly tangible.
If the doubt is weak, it has no impact on the hadd punishment.
strong doubt .
yubhat qawiya.
is a doubt whose existence is trusted by one's conscience Rabicha Hilma et al.
AuAnalisis Pendapat Empat Madzhab Tentang Menggunakan Harta Syubhat Dalam Bermuamalah,Ay Jurnal Ilmiah Ekonomi Islam 10, no.
: 1778.
Najmudin et al.
AuSyubhat Dalam Pelaksanaan Hudud Menurut Abu Zahrah.
Ay al-Rasckh: Jurnal Hukum Islam.
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Therefore, a person who "plays" in bed with someone else's female slave will still be sentenced to hadd, even if the owner gives permission, because the position of the one granting permission is considered very weak by the scholars.
The Maliki school of thought has a unique approach to determining law that influences how they view syubhat.
Besides the Qur'an and Hadith, they heavily rely on AoAmal ahl al-Madinah .
he practice of the people of Medin.
as a "living sunnah.
" This approach, coupled with the use of istilAu .
ublic interest/maslaha.
, means that syubhat in the Maliki view is not only judged by the text but also by its impact on the public interest and established communal practices in Medina during the early generations.
Syubhat arises when there is a confusion between the original ruling that permits/absolves and a new dalil that appears to prohibit.
As long as the doubt exists and the prohibitive dalil is not qah' .
efinite/certai.
, the ruling reverts to its original state .
ree/permissibl.
This approach places a very high burden of proof to overcome syubhat before hadd can be enforced.
18 Although the maxim al-uudd tasqu bisy-syubuhAt is often equated with the modern legal principle "beyond a reasonable doubt," there is a fundamental philosophical difference.
In modern legal systems, "reasonable doubt" is a standard of proof that the prosecutor must overcome.
Conversely, in the classic fiqh system, where there often is no formal prosecutor, syubhat functions more broadly as a mechanism where doubtAiwhether in fact, law, or evidenceAiis "ubiquitous" .
resent everywher.
and proactively utilized by the judge .
to avoid the application of hadd for the sake of caution.
The Wisdom (Hikma.
of the Maxim Al-udd Tasqu Bisy-SyubuhAt Shaykh al-Islam Ibn Taymiyyah stated that hudud punishments fundamentally stem from "the mercy of Allah for the welfare of His creatures.
" This philosophy provides an important context for the syubhat maxim.
If the purpose of hudud is mercy and welfare, then imposing a hadd punishment in a state of doubt .
would actually contradict its basic purpose, as it carries a great potential of turning into injustice .
Thus, the application of the syubhat maxim is a mechanism to ensure that hudud remains within the corridor of "mercy" and does not violate its objectives.
The wisdom derived from this maxim is as follows: .
Upholding Justice and Preventing Injustice.
The purpose of this rule is to avoid giving severe punishment to someone whose fault has not been definitively proven.
Releasing a guilty person is considered a better option in Islam than punishing an innocent person.
This aligns with the belief that "doubt nullifies punishment.
" .
Encouraging Caution in Legal Application.
Judges must be very cautious and meticulous in determining hudud Miftakhul Arif.
AuSejarah Sosial Teori Hukum Islam Mazhab Maliki,Ay El-Faqih : Jurnal Pemikiran Dan Hukum Islam 10, no.
: 202Ae21, https://doi.
org/10.
58401/faqih.
Ainaya Salsabella et al.
AuSyubhat in Education: Balancing Knowledge and Beliefs,Ay Islamologi : Jurnal Ilmiah Keagamaan 1, no.
: 575Ae86.
Intisar A.
Rabb.
AuReasonable Doubt in Islamic Law,Ay Yale Journal of International Law 40 .
: 41.
Fiddini Izaturahmi et al.
AuKonsep Hudud Dalam Al-Quran,Ay Jurnal Budi Pekerti Agama Islam 2, no.
: 166Ae84, https://doi.
org/10.
61132/jbpai.
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punishment based on Islamic law.
Based on this rule, qadis or judges must be more careful in imposing punishments, especially severe ones like stoning .
, hand amputation, or flogging.
Providing Space for Repentance and Self-Correction.
By waiving the hudud punishment when doubt exists, a person is indirectly given an opportunity to repent and improve themselves.
This is an example of the inherent compassion and mercy in Islam.
Preserving Human Dignity and Honor.
Hudud has a considerable impact on an individual and society, and due to this principle.
Islam protects human dignity from uncertain punishment for the mistakes they commit.
Minimizing the Abuse of Power.
In practice, this principle also restricts rulers or officials from unjustly using hudud law to oppress or degrade their opponents.
Most scholars acknowledge that this principle is one of the most difficult to study.
Some scholars question the significance of this principle.
they ask whether there is a specific verse .
that explains the importance of avoiding mistakes.
Ibn Subuki finally answered this anomaly by saying that although there is no nash .
extual evidenc.
explicitly mentioning the virtue or sunnah of avoiding scholarly mistakes, the virtue of avoiding these scholarly mistakes lies fundamentally in the substance of the nashAiwhich is the substance of freeing oneself from differences of opinion among scholars regarding religious matters.
Still according to Ibn Subuki, the act of avoiding scholarly mistakes by accommodating them is an act of wira'i .
commanded by the religion.
Although Imam Al-Ghazali did not specifically discuss this maxim in the context of jinayat .
riminal la.
, his philosophy of wara' .
crupulous cautio.
is highly relevant.
Al-Ghazali emphasized the importance of staying away from anything unbeneficial or doubtful to purify the soul.
For a judge, this wara' manifests as an obligation to avoid doubt .
when imposing punishment, especially hudud.
Averting hadd due to syubhat is not just legal compliance.
it is also an act of wara' to save the judge from a fatal error in the sight of Allah.
Legal Implications The primary implication of this rule is that hudud sanctions can only be imposed if there is no doubt or ambiguity regarding the elements of the crime.
For example, in a theft case, if there is doubt as to whether the stolen goods have reached the nisab .
inimum threshol.
, the hand-amputation punishment cannot be imposed.
Another concrete example is in the case of zina .
dultery/fornicatio.
: if the perpetrator confesses to zina but subsequently retracts their confession before being punished, the stoning or flogging punishment will not be carried out because doubt exists in the confession.
Shaykh al-Islam Ibn Taymiyyah stated that hudud punishments fundamentally stem from AuAAy EIECO EACNOA,A EEI EO II ue OEE uEO EI OEOA:AI EEA EO II EEAA.
July 15, 2008, https://feqhweb.
com/vb/threads/1355/.
Achmad Yusuf.
AuContribution Sufism Al Ghazali In Multicultural Society,Ay Journal Multicultural of Islamic Education 1, no.
, https://jurnal.
id/v2/index.
php/ims/article/view/882.
Yahaya Ibrahim Abikan.
AuExamining the Admissibility or Otherwise of Evidence Generated from Closed-Circuit Television (CCTV) and Deoxyribonucleic Acid (DNA) Test as Means of Proof of Zina Under Islamic Law,Ay Al-Manahij: Jurnal Kajian Hukum Islam 17, no.
: 83Ae96, https://doi.
org/10.
24090/mnh.
al-Rasckh: Jurnal Hukum Islam.
Vol.
No.
November 2025 | 307 The Principle of Al-udd Tasqu bisy-SyubuhAt "the mercy of Allah for the welfare of His creatures.
" This philosophy provides an important context for the syubhat maxim.
If the purpose of hudud is mercy and welfare, then imposing a hadd punishment in a state of doubt .
would actually contradict its basic purpose, as it carries a great potential of turning into injustice .
Thus, the application of the syubhat maxim is a mechanism to ensure that hudud remains within the corridor of "mercy" and does not violate its objectives.
In another example, this principle directly impacts the standard of proof in criminal cases.
In Islamic criminal law, the application of hudud requires very strong evidence that leaves no doubt.
For instance, in the case of zina, four eyewitnesses who clearly witnessed the act are required.
If the number of witnesses is insufficient or the testimony does not meet the requirements, the hudud punishment cannot be imposed, and the perpetrator can only be subject to taAozr .
iscretionary punishmen.
This principle also shows how Islam places great importance on the principle of caution and protection for the accused.
Even in cases of confession, if the perpetrator withdraws their confession before execution, hudud is invalidated because of doubt regarding the intent or the clarity of the legal facts.
This confirms that Islam does not desire punishment based on doubt, while simultaneously providing room for 26 The application of this principle reflects the fulfillment of maqAid alsyarAoah .
he objectives of Islamic la.
, specifically concerning the preservation of life .
ifz al-naf.
, the preservation of honor .
ifz al-Aoir.
, and the establishment of justice .
lAoad.
By making doubt an impediment to the application of hudud.
Islam emphasizes the importance of avoiding arbitrary punishment and encourages the implementation of humane and balanced law.
Analysis of Syubhat in Hudud Cases In Islamic law, theft .
is considered a serious crime.
The punishment for theft can include hudud punishment, depending on the value and nature of the stolen However, the concept of syubhat .
also plays a crucial role in Islamic criminal law.
In the context of Islamic criminal law, syubhat refers to doubt or uncertainty regarding an action that could be considered a legal violation.
If syubhat exists, the hadd punishment .
fixed punishment prescribed in the Qur'an or Hadit.
can be nullified.
This means that some crimes cannot be punished according to the text due to the existence of doubtful elementsAia principle of caution that affirms that absolute punishment is not automatically imposed without considering doubt and the complexity of the case.
The imposition of sanctions in Islamic criminal law requires very careful consideration, especially concerning hudud offenses.
Although, on one hand, the application of hudud punishment for theft is mandatory if its elements are proven, it must Izaturahmi et al.
AuKonsep Hudud Dalam Al-Quran.
Ay Musyafa et al.
AuPenegakan Hukum Zina Dalam Hukum Islam dan Hukum Positif: Kritik terhadap Putusan Hakim dan Tawaran Solusinya,Ay Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 11, no.
: 94Ae114, https://doi.
org/10.
24252/al-qadau.
Muhammad Faishal Fadhli.
AuThe Application of the MaqAshid al-SyarAoah Concept according to Imam al-Ghazali and Imam al-Syathibi in Contemporary Islamic Law Inferences,Ay Journal of Islamic and Occidental Studies 1, no.
: 63Ae91, https://doi.
org/10.
21111/jios.
308 | al-Rasckh: Jurnal Hukum Islam.
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November 2025 Amalia DT et al.
be avoided if there are factors that can nullify the imposition of the punishment, especially doubt .
In AbdiAos study .
on the hudud of theft, it is mentioned that the value of the stolen goods, the social status of the perpetrator, and economic conditions can influence whether the punishment of hand amputation is actually applied.
27 This principle is rooted in the classic fiqh maxim "al-uudd tasqu bi al-syubuhAt" ("hudud is dropped due to doubt"), which states that syubhat can nullify hudud punishment.
Another concrete example can be seen in practice when the perpetrator's confession of theft is retracted or when there is unclear evidenceAiin such conditions, the application of hudud can be replaced with tazr .
iscretionary punishmen.
, in line with the Islamic teaching that prioritizes justice and caution.
Traditional scholars also agree that a person who has sinned .
, stole.
is obligated to repent .
and not repeat the act.
In cases of theft .
, a study in the Amnesti journal mentions that if the perpetrator steals but there is an element of doubt .
, concerning the authority over the property or a state of necessit.
, they may be subjected to tazr and not hadd punishment.
29 In some views of the Hanafi school, syubhat can arise in the form of syubhat fil fil .
oubt concerning the ac.
, which occurs when the perpetrator is uncertain whether their action genuinely violates Sharia law due to ignorance or incorrect interpretation of the dalil .
extual evidenc.
30 The principle "aluudd tasqu bi al-syubuhAt" provides the basis for the judge to consider both moral and formal legal aspects when imposing punishment, while also protecting the rights of the accused from severe wrongful punishment.
In more complex cases, syubhat does not only concern the action .
but can also be related to evidenceAifor instance, an error in the verification of witnesses or the stolen goods, or circumstances where the value of the goods has not reached the nisab .
inimum threshol.
, making the hudud punishment unreasonable to apply.
An article in the Tashdiq journal states that if there is uncertainty in the evidence of theft, amputation is not automatic, and the judge may impose tazr as an alternative.
This principle demonstrates how Islam highly values caution and protection for the accused.
Even in cases of confessionAifor example, if a person confesses to theft but then retracts their confession before executionAihudud can be nullified due to doubt about the intent or the clarity of the legal facts.
As explained in Islamic legal studies, justice demands that hudud punishment is only imposed when the elements of the crime are Fathuddin Abdi.
AuKeluwesan Hukum Pidana Islam Dalam Jarimah Hudud (Pendekatan Pada Jarimah Hudud Pencuria.
,Ay Al-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan 14, no.
369Ae92, https://doi.
org/10.
30631/alrisalah.
Mohammad Hashim Kamali.
AuDoubt (Shubh.
and Its Impact on Punishment,Ay in Crime and Punishment in Islamic Law: A Fresh Interpretation, ed.
Mohammad Hashim Kamali (Oxford University Press, 2.
, https://doi.
org/10.
1093/oso/9780190910648.
Husni Thamrin and MariAoe Mahfudz Harahap.
AuKebijakan Pelaksanaan Pidana Penjara Bagi Pelaku Pencurian Guna Memberikan Efek Jera (Studi Kasus Di Lembaga Pemasyarakatan Kelas 1 Meda.
,Ay Amnesti: Jurnal Hukum 7, no.
: 128Ae48, https://doi.
org/10.
37729/amnesti.
Atika Atika.
AuEksistensi Taubat Dan Syubhat Dalam Pelaksanaan Hudud (Studi Terhadap Pandangan Imam Abu Hanifa.
,Ay Intizar 21, no.
: 119Ae32.
Ar-Razy et al.
AuSebab Syubhat Dalam Penerapan Sanksi Jarimah Hudud Serta Pengaruhnya.
Ay al-Rasckh: Jurnal Hukum Islam.
Vol.
No.
November 2025 | 309 The Principle of Al-udd Tasqu bisy-SyubuhAt proven without syubhat, and if not, tazr becomes the more just option.
Furthermore, the application of the syubhat principle reflects the fulfillment of maqAid al-syarAoah .
he objectives of Shari.
, especially in preserving life .
ife al-naf.
, preserving honor .
ife al-ir.
, and establishing justice .
l-ad.
By regarding syubhat as an impediment to the execution of hudud.
Islamic law emphasizes that judgment should not be done carelessly, but must consider human factors and doubt, so that severe punishment does not turn into From this perspective, hudud punishment is not merely an instrument of penalty, but a moral and legal mechanism integrated with the obligation to maintain substantive justice.
Mechanism of Proving Syubhat (Doub.
The concept of doubt in the aspect of evidence cannot be directly linked to the elements of the crime.
rather, it requires a separate process of proof that must be presented directly before the judge or in court.
This proof must be carried out in a legitimate and accountable manner, supported by reasoning and accurate evidence.
Many legal experts hold the view that conviction must be free from doubt from the beginning until the execution of the law.
The proof of certainty consists of three important elements: first and most importantly, the words used in the proof must truly convey the intended meaning, paying attention to the linguistic or editorial context.
second, the time elapsed between the commission of the crime and the submission of evidence must be shortened, in other words, the proving process must be expedited.
finally, up until the final verdict, the witness or the swearer .
must maintain their statements.
For clarity, the forms of certainty are described as follows: .
Witness Testimony (Saks.
As is known, witness testimony is a form of personal evidence, so the truth or falsity of the witness's statement entirely depends on the conviction of the judge.
Circumstantial Evidence (Petunju.
Circumstantial evidence known to the judge both during and outside the trial strengthens the judge's conviction because, based on these indications, the judge cannot make a decision unless he is certain that the event has occurred and that the defendant committed This aligns with the meaning of qarinah, which means a sign to attain conviction.
Confession (Pengakua.
Confession is a form of evidence that is no longer denied by all fuqaha .
In practice, confession was given to the Prophet Muhammad A Awith the conditions that the confession must be detailed, repeated, and given by a person of sound This was demonstrated in the previous discussion about the case of Maiz bin Malik, who confessed to adultery with a woman.
In this case, the Prophet thoroughly interrogated him to further ascertain the certainty of Maiz's action.
After being found guilty, he ordered his companions to strike him severely.
Judge's Knowledge (Pengetahuan Haki.
Although there is a dispute among legal experts as to whether the judge's personal knowledge can be used as a means of proof in criminal cases or not.
Oath (Sumpa.
Unlike the defendant who is sued by the plaintiff in court, the swearer can free himself from responsibility and accusation if one of the parties, either the plaintiff or the 310 | al-Rasckh: Jurnal Hukum Islam.
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defendant, instructs the other party to swear an oath .
decisive oath, also known as Sumpah Decisoi.
In the field of evidence, the concept of doubt must be determined through an objective, rational, and direct process of proof presented before the judge.
In this area, the concept cannot be directly linked to the elements of the crime.
In definitive criminal proof, the process must be free from all forms of doubt through the use of legitimate evidence, such as witness testimony, circumstantial evidence .
, confession, oath, and the judge's knowledge.
Each piece of evidence must meet the conditions of validity, such as consistency of statement, clarity of meaning, and timeliness.
In this regard, if one element of the evidence does not meet these conditions, doubt may arise, which means the hudud punishment need not be used because of the principle of caution and justice in Islamic criminal law.
CONCLUSION
The legal maxim Aual-hudd tasqu bi al-shubuhAtAyAimeaning Auuadd punishments are annulled due to ambiguity .
AyAiis a foundational principle in Islamic criminal law that emphasizes the necessity of legal certainty before imposing severe fixed punishments .
Shubhat, meaning doubt or ambiguity, in this context does not require complete uncertainty.
rather, it refers to any significant doubt concerning the essential elements of a criminal act, whether related to the perpetrator, the action, or the object of the offense.
The application of this maxim in fiqh is crucial, particularly because hudd punishments are fixed and severeAisuch as stoning, amputation, or lashing.
This maxim allows the annulment of hudd whenever substantial ambiguity exists, in which case a discretionary punishment .
aAoz.
may be applied, offering greater flexibility based on judicial ijtihAd.
From a legal perspective, this maxim plays a key role in establishing a very high evidentiary standard in hudd cases.
A uadd punishment may not be enforced unless the evidence is strong, clear, and leaves no room for ambiguityAifor instance, the requirement of four eyewitnesses in adultery cases.
Ultimately, this maxim reflects the objectives of Islamic law .
aqAid al-sharAoa.
, particularly the protection of life, dignity, and justice.
It demonstrates that Islamic criminal law upholds strong humanitarian principles and highlights the rational and ethical character of Islamic legal practices in contemporary contexts.
REFERENCES