Graduasi Pertanggungjawaban Pidana Islam Atas Destructive Illegal Fishing

Abstract

This study aims to formulate a graduated model of Islamic criminal liability for destructive illegal fishing based on the offender’s culpability and the ecological harm caused. It employs normative legal research using statutory, conceptual, and comparative-integrative approaches. The legal materials are analyzed in five stages: legal characterization of the 
conduct, assessment of culpability, assessment of ecological harm, identification of interests protected under Maqasid al Shariah, and jinayah qualification. The findings show that illegal fishing should not be treated as a homogeneous 
category of conduct. Administrative violations that cause no material ecological harm may be classified as ordinary ta’zir; 
conduct involving greater culpability and material ecological damage may qualify as aggravated ta’zir; and extensive, severe, persistent, and difficult to-reverse damage that threatens public interests and future generations may justify fasad-based ecological aggravated ta’zir. In this model, fasad fi al-ard functions as a normative aggravating principle, rather than as a new hudud category. The study concludes that Islamic criminal liability for destructive illegal fishing should 
be graduated and proportionate through the integration of ta’zir, fasad fi al-ard, and Maqasid al-Shariah. The proposed 
ecological restorative ta’zir model combines criminal sanctions, deterrence, disgorgement of illegal benefits, compensation, restrictions on activities, and ecosystem restoration.