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All Journal Al-fiqh : Journal of Islamic Studies
Dwi Harjana
Universitas Islam Negeri Alauddin Makassar
Religion

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Perlindungan Hak Jemaat Ahmadiyah Qadian di Indonesia: Analisis Maqāṣid al-Syarī‘ah dan Moderasi Beragama Dwi Harjana; Kurniati; Zulhas’ari Mustafa
Al-fiqh Vol. 4 No. 2 (2026): Al-fiqh : Journal of Islamic Studies
Publisher : CV Global Research Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59996/al-fiqh.v4i2.1265

Abstract

The protection of the Ahmadiyya Qadian community in Indonesia raises questions about the relationship between religious judgments, state regulation, and the rights of community members. This study examines these questions through maqāṣid al-sharī‘ah and religious moderation. It employs qualitative library research with normative legal and conceptual approaches. The materials comprise constitutional provisions, human rights instruments, the 2008 Joint Decision concerning the Indonesian Ahmadiyya Congregation, and selected scholarly literature. The analysis distinguishes doctrinal judgments, regulatory provisions, and documented social experiences before developing a normative synthesis. The study argues that the protection of religion must be assessed together with the protection of life and property. The Joint Decision contains both restrictions directed at the congregation and provisions prohibiting unlawful acts against its members. Accordingly, doctrinal disagreement cannot by itself justify violence or the withdrawal of protection. Religious moderation can support this framework through violence prevention, inclusive dialogue, accessible services, and the restoration of affected rights. The proposed framework connects the identification of threatened rights, the assessment of harm, and institutional responses.
Co-Authors Kurniati Zulhas’ari Mustafa