Proceedings of the International Conference on Law Reform (5th Inclar 2024)

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Islamic Criminal Law in Establishing Sanctions for Spreader of Hoaxes in Indonesia

Authors
Syariful Alam1, *
1University of Muhammadiyah Malang, Malang, Indonesia
*Corresponding author. Email: syarifulalam@umm.ac.id
Corresponding Author
Syariful Alam
Available Online 28 February 2025.
DOI
10.2991/978-2-38476-362-7_22How to use a DOI?
Keywords
Islamic Criminal Law; Crime of Hoax Perpetrators; Islamic Law; Indonesia
Abstract

Hoax news has become public consumption every second in this country, filling almost every virtual mass media timeline, spreading without constructive filters and nearly escaping the supervision of the authorities. Positive Law (applicable law) has stipulated criminal threats for spreaders of hoaxes as stated in Criminal Code Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE), Law no. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, as well as actions when hate speech has caused social conflict. Meanwhile, according to Islamic Criminal Law, there is no certainty about the absolute appropriate punishment that can be used as a legal reference for those spreading hoaxes. The author raises the problem of the legitimacy of Islamic criminal threats according to fuqaha (scholars who are experts in jurisprudence) and mujtahids (Islamic law reformers) as well as alternative Islamic criminal threats for spreaders of hoaxes. This research uses a literacy method that examines classical books that explain their correlation with the threats of punishment in Islamic criminal law and deals with the problem of spreading hoaxes.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law Reform (5th Inclar 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
28 February 2025
ISBN
978-2-38476-362-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-362-7_22How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Syariful Alam
PY  - 2025
DA  - 2025/02/28
TI  - Islamic Criminal Law in Establishing Sanctions for Spreader of Hoaxes in Indonesia
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 146
EP  - 152
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_22
DO  - 10.2991/978-2-38476-362-7_22
ID  - Alam2025
ER  -