Al-Qasamah : Alternatif Pembuktian Tindak Pidana Pembunuhan Dalam Hukum Positif

Abstract This study aims to determine the extent of the legal force of the al-qasamah proof method so that the verification method can be an alternative proof of law against murder that has no witnesses and the culprit is unknown. This study uses a descriptive analysis method derived from sources related to Islamic criminal law. From the results of the analysis it was concluded that the method of proof of al-qasamah is one of the methods recognized in Islamic criminal law, although the method originates from the jahiliyah era. The wisdom of Islam recognizes the method of proving al-qasamah is to protect human souls, so that murder victims whose witnesses are unknown or not known by the perpetrators are not ignored. This method of proving al-qasamah can be an alternative proof in positive law, given the number of criminal cases of proof in Indonesia the culprit is not identified. Keyword : al-qasamah, proof, positive law