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All Journal Al-Manahij : Jurnal Kajian Hukum Islam Journal of Critical Ecology
Idlofi
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Maqāṣid al-Sharī‘ah and the Prohibition of Incest in Indonesian Legislation: An Analysis of the Protection of Lineage and Public Morals Sukataman; Idlofi; Agung Nugroho Reformis Santono; Umar Chamdan
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.14989

Abstract

The phenomenon of incestuous marriage in Indonesia continues to occur despite being strictly prohibited by Islamic law and national positive law. This paper discusses the issue of incest from the perspective of maqāṣid al-sharī‘ah, highlighting how the principles of ḥifẓ al-nasab (protection of lineage) and ḥifẓ al-‘irḍ (protection of morality and honour) serve as the normative and ethical basis for the prohibition of incestuous marriage. This study uses a qualitative approach based on normative and comparative legal analysis of classical Islamic legal sources, national legislation such as the Marriage Law, KHI, and KUHP, and developing social phenomena. The results of the study show that the maqāṣid al-sharī‘ah approach uses ṣalah al-uṣūl al-khamsah, ḥifẓ al-nasl, to formulate the prohibition of incest. Ḥifẓ al-nasl consists of two elements: wujūd (productive) and 'adam (protective). The prohibition of incest is a form of protective behaviour, similar to the prohibitions of adultery and qażf. The application of maqāṣid al-sharī‘ah to positive law can offer new possibilities for Indonesian law, which is expected to encompass legal, social, and moral aspects.
Sacred sustainability as a post-development ethos: Recontextualizing Seyyed Hossein Nasr's metaphysics for Indonesia’s ecological crisis Santono, Agung Nugroho Reformis; Ulva, Maria; Idlofi; Aji, Kurniawan Seno
Journal of Critical Ecology Vol. 3 No. 1: (February) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/jcreco.v3i1.2808

Abstract

Background: The contemporary ecological crisis in Indonesia reflects not only a failure of governance but a deeper metaphysical rupture caused by the dominance of anthropocentric and extractive development models. While existing literature has extensively discussed Islamic environmental ethics or Seyyed Hossein Nasr’s eco-spirituality separately, there is a scarcity of studies that critically bridge Nasr’s metaphysical traditionalism with modern structural critiques to address the specific political-economic context of Indonesia. This study aims to fill this gap by formulating a "Sacred Sustainability" framework that integrates Qur’anic theocentrism with critical social theory to offer a holistic solution to Indonesia’s environmental degradation. Methods: The study employs a qualitative library research approach, utilizing philosophical hermeneutics to interpret texts. The analytical framework synthesizes Seyyed Hossein Nasr’s philosophia perennis with Jürgen Habermas’s theory of communicative action and Arturo Escobar’s post-development theory. Data were analyzed using an interactive model involving condensation, display, and verification to reconstruct a relevant ethical model. Findings: The research finds that while Nasr’s concepts of Tawḥīd (unity), Khalīfah (stewardship), and Mīzān (balance) provide a strong ontological basis for restoring the sanctity of nature, they lack the political instrumentality to challenge the structural dominance of oligarchy and capitalism in Indonesia. By integrating Critical Theory, this study operationalizes Nasr’s metaphysics into a "Sacred Sustainability" paradigm that not only demands spiritual restoration but also structural transformation through deliberative ethics and the decolonization of development policies. Conclusion: Addressing Indonesia's ecological crisis requires a paradigm shift from material accumulation to spiritual responsibility, positioning environmental preservation as both an ethical obligation and a devotional act. Novelty/Originality of this article: The novelty of this research lies in its unique theoretical synthesis that bridges the gap between Traditionalist Islamic metaphysics and modern Critical Theory (Post-development). It creates a new, contextually grounded framework of "Sacred Sustainability" that transcends the dichotomy between spiritual normativity and socio-political praxis.
Co-Authors Agung Nugroho Reformis Santono Aji, Kurniawan Seno Santono, Agung Nugroho Reformis Sukataman Ulva, Maria Umar Chamdan