The Transformation of Ghanimah as a Modern Fiscal Instrument: An Epistemological Analysis of Islamic Law

Abstract

This study departs from the historical reality that ghanimah is an Islamic fiscal instrument based on war booty, which is crucial for wealth redistribution and social stability. This article explores the transformation of the ghanimah concept into a modern fiscal instrument relevant to managing assets from extraordinary crimes such as corruption and money laundering. Using the qiyas approach, the study compares the principles of ghanimah in classical Islamic law with modern asset confiscation mechanisms as outlined in the Asset Confiscation Bill in Indonesia. The findings reveal that Khaimah can be recontextualized into wealth redistribution policies supporting infrastructure development, public welfare, and economic stability. This study offers a significant contribution by integrating Islamic values into national fiscal and legal policies.