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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Hakamain: Journal of Sharia and Law Studies
Usqho, Mutia Urdatul
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Law, Crime, Criminology & Criminal Justice

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Teori Hubungan Hukum Adat dan Pengaruhnya Terhadap Pembaharuan Hukum Islam Di Indonesia Usqho, Mutia Urdatul; Firdaus, Beni; Endriyenti, Endriyenti
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.11762

Abstract

The development of customs and Islam became a harmonious relationship that should not have any overlap within it, but the theory imposed by the Dutch (Colonial) built the conception that customs and Islam could not be united with each other. So this can be made into a research study by explaining the theories presented by colonialism and evaluating them with the reforms of Islamic law in Indonesia. The goal is to find a bright spot between customs and Islam that has increasingly caused conflicts until now. The research was conducted using a literature study, which involved examining previous studies as primary sources and supplementing them with expert opinions to support existing theories. The results obtained show that customary law and Islamic law are openly stated to be very harmonious, but this is not the case when viewed from the three existing theories. However, the conception used, if revised, will become a renewal that indirectly illustrates that customary law also has Islamic concepts, and Islamic law can be aligned when there are things that contradict Islamic law.
Ta’zir Punishment for Adultery in Indonesian and Malaysian Law from a Maqashid Sharia Perspective Demiral, Ferik; Daipon, Dahyul; Usqho, Mutia Urdatul
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1316

Abstract

This research examines the application of ta’zir punishment for adultery in Indonesian and Malaysian law from the perspective of Maqasid Sharia. It explores how society perceives, interprets, and responds to these regulations, with particular attention to whether their implementation aligns with the higher objectives of Islamic law in safeguarding religion, life, lineage, intellect, and property. Using a qualitative field research approach, data were collected through in-depth interviews with legal practitioners, Islamic scholars, and community leaders, complemented by observations and documentation analysis in both Indonesia and Malaysia. The findings reveal that in Malaysia, particularly in states with Syariah Criminal Enactments, adultery provisions are viewed as a religious duty to preserve morality and lineage, although enforcement remains constrained by federal constitutional limits. In Indonesia, the inclusion of adultery provisions in the new Criminal Code has triggered intense debates between groups advocating moral protection and those emphasizing human rights and pluralism. From a Maqasid Sharia perspective, both contexts reflect sincere efforts to safeguard lineage and public morality; however, challenges persist regarding justice, proportionality, and the balance between individual rights and collective interests. This study concludes that the discourse on adultery punishment represents deeper negotiations between Islamic values, constitutional frameworks, and contemporary social realities. Its academic contribution lies in demonstrating how Maqasid Sharia can be operationalized as an analytical framework for assessing ta’zir punishments, thereby enriching Islamic legal scholarship in Southeast Asia.
Co-Authors Dahyul Daipon Demiral, Ferik Endriyenti, Endriyenti Firdaus, Beni