Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Vol. 9 Issue 1 (2026) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi

Digitalization and Cyberfeminism: Reinterpreting Islamic Criminal Law for Gender Equality and Women’s Rights

Azizah, Imroatul (Unknown)
Mukaromah, Lisa Aminatul (Unknown)
Anam, Khurul (Unknown)
Sanuri, Sanuri (Unknown)
Mubarok, Nafi' (Unknown)



Article Info

Publish Date
17 May 2026

Abstract

The rapid development of digital technology has transformed social interaction while simultaneously increasing women’s vulnerability to online gender-based violence, including revenge pornography, cyber harassment, and doxxing. Existing studies in cyberfeminism and digital legal scholarship demonstrate that digital spaces often reproduce patriarchal structures and discriminatory practices against women. Meanwhile, contemporary Islamic legal studies indicate that maqāṣid al-sharī‘ah possesses conceptual flexibility to respond to emerging socio-technological issues; however, these perspectives are rarely integrated systematically within the discourse of Islamic Criminal Law (fiqh al-jināyah). This study aims to reinterpret fiqh al-jināyah through the frameworks of maqāṣid al-sharī‘ah and cyberfeminism in order to construct a more inclusive and adaptive legal paradigm for protecting women’s rights in the digital era. Employing a normative juridical method, this research analyzes primary Islamic legal sources, classical fiqh literature, fatāwā, and Indonesian statutory regulations, including the Electronic Information and Transactions Law (UU ITE), the Personal Data Protection Law (UU PDP), and the Sexual Violence Crime Law (UU TPKS). The study also incorporates contemporary literature on cyberfeminism, digital violence, and gender justice. The findings reveal that the principles of maqāṣid al-sharī‘ah, particularly ḥifẓ al-‘irḍ (protection of dignity) and ḥifẓ al-nafs (protection of life), provide a strong normative foundation for categorizing digital gender-based violence as jarīmah ta‘zīr requiring adaptive sanctions. Furthermore, cyberfeminism contributes a transformative epistemological approach by repositioning women as active agents in legal interpretation and reform. This study ultimately contributes to the reconstruction of Islamic criminal jurisprudence that is gender-sensitive, contextually responsive, and aligned with the realities of contemporary digital society.

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Journal Info

Abbrev

volksgeist

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Volksgeist: Jurnal Ilmu Hukum dan Konstitusi has published by Sharia Faculty of UIN Prof. K.H. Saifuddin Zuhri Purwokerto. Volksgeist has a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. The topics which relate generally to Law issues in Indonesia ...