Fatmawati Hilal
Faculty of Sharia and Law, Universitas Islam Negeri Alauddin Makassar, Indonesia

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Reconfiguring islamic criminal law in contemporary Indonesia: a socio-legal analysis through the maqāṣid al-sharīʿah framework M. Ali Rusdi; Abdul Syatar; Fatmawati Hilal; Muhammad Shuhufi; Ma’adul Yaqien Makkarateng
Otoritas : Jurnal Ilmu Pemerintahan Vol. 16 No. 2 (2026): August 2026
Publisher : Department of Government Studies, Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/ojip.v16i2.21613

Abstract

This study examines how Islamic criminal law is reconfigured within Indonesia’s contemporary legal system amid the interaction between Islamic legal authority, state governance, and legal pluralism. The study addresses the problem of how Islamic criminal law is negotiated, adapted, and legitimised within a constitutional and democratic state in which state law, Islamic norms, and socio-cultural practices coexist. Employing an empirical qualitative design, the study combines socio-legal analysis of relevant legislation, policy documents, and institutional practices with semi-structured interviews involving three informants selected for their knowledge and experience of Islamic law and legal governance. The collected data were analysed thematically through the framework of maqāṣid al-sharīʿah, focusing on the extent to which contemporary legal configurations protect fundamental human interests and promote justice, public welfare, and social order. The findings demonstrate that the contemporary position of Islamic criminal law in Indonesia is shaped not by direct transplantation of classical penal norms but by processes of negotiation among religious authorities, state institutions, and societal actors. The empirical evidence further indicates that Islamic legal principles are selectively accommodated within state governance when they are considered compatible with constitutional principles and public interests. From a maqāṣid al-sharīʿah perspective, this reconfiguration reflects an adaptive process in which the substantive objectives of Islamic criminal law may be preserved through institutional and legal forms that differ from their classical formulations. The study concludes that legal pluralism provides a dynamic space for reconciling Islamic normative authority with constitutional governance, provided that such adaptation remains oriented towards justice, public welfare, and the protection of fundamental human interests.