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All Journal FIKRI : Jurnal Kajian Agama, Sosial dan Budaya KRTHA BHAYANGKARA KONSEP DAN TUJUAN PADA TINJUAN BISNIS SYARIAH Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Fuadi Isnawan
Unknown Affiliation
Religion Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : FIKRI : Jurnal Kajian Agama, Sosial dan Budaya

 1 
Islamic Approach to Violations against the Sanctity of the Deceased: A Case Study on Necrophilia in Islam Fuadi Isnawan
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 9 No. 2 (2024): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v9i2.5100

Abstract

This article investigates the legal implications of necrophilia within the framework of Islamic law, specifically addressing whether such acts can be categorized as zinā ‘adultery’. The primary aim of this research is to analyze how Islamic teachings interpret and regulate sexual relations with deceased individuals, with a focus on the fundamental principles of human dignity and sanctity. Utilizing a qualitative method alongside a case study approach, this study involves a comprehensive review of Islamic texts, legal cases, and scholarly interpretations. The data sources encompass Islamic literature, the Qur'an, Hadith, and legal references, including scientific journals and academic books. The theoretical framework is anchored in the concepts of maqāşid syarī’ah, particularly the preservation of religion ‘ḥifẓ al-dīn’, intellect ‘ḥifẓ al-aql’, and life ‘ḥifẓ al-nafs’. The findings indicate that necrophilia is regarded as a serious violation under Islamic law, representing a breach of both moral and legal standards, which results in stringent penalties. In conclusion, this study underscores the importance of upholding the dignity of the human body after death, as mandated by Islamic law. This research contributes by clarifying how Islamic law addresses necrophilia and reinforcing societal norms related to the sanctity of life and death.
Zina in Consensual Non-Monogamous Relationships: A Comparative Legal Analysis between Indonesian and Islamic Law Fuadi Isnawan
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 10 No. 1 (2025): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v10i1.6099

Abstract

This article critically examines the emerging practice of swinger relationships in Indonesia, analyzing its legal implications under both Indonesian criminal law and Islamic criminal law. The primary objectives are to investigate the divergent regulatory frameworks concerning adultery in the context of consensual non-monogamous relationships within Indonesian criminal law and Islamic law, the sanctions prescribed by the Indonesian Criminal Code and Islamic ḥudud law; and the scope and nature of legal protections afforded to individuals engaged in swinger practices. Employing a qualitative research design with a phenomenological approach, this study analyzes primary sources such as the Indonesian Criminal Code (KUHP) and classical Islamic jurisprudence texts, alongside secondary sources comprising scholarly articles, legal commentaries, dissertations, and expert opinions. Data collection was conducted through a systematic literature review. The findings underscore fundamental distinctions between the secular orientation of Indonesian criminal law, which criminalizes adultery only when involving at least one legally married party and requires a formal complaint for prosecution, and the religiously anchored Islamic criminal law, which categorizes zina as a ḥudud offense with fixed divine penalties and stringent evidentiary standards. Legal protections under Indonesian law emphasize procedural safeguards and due process rights to prevent arbitrary prosecution, whereas Islamic law prioritizes the protection of individual honor (ḥifẓ al-‘irḍ) and social morality through rigorous evidentiary requirements and the prohibition of false accusations (qazf). Notably, Islamic legal provisions demonstrate substantive justice by exempting pregnant and nursing women from ḥudud punishments, reflecting considerations of humanity and equity. This research contributes novel insights into the complexities of harmonizing Indonesia’s secular criminal legal framework with its predominant religious values, particularly in addressing consensual non-monogamous sexual conduct such as swinger practices. It highlights the tension between evolving social behaviors and entrenched legal-religious norms, thereby informing ongoing debates on legal pluralism and human rights protections in Indonesian society.
Co-Authors Amar Surya Wicaksana Ananda Salsabilla Styaningrum Fuadi Isnawan, Fuadi