<![CDATA[The tension between Islamic criminal law and the constitutional state has often been framed as a matter of normative compatibility rather than a problem of legal political paradigm. Public discourse tends to represent jināyah reductively as merely a symbol of punishment, thereby ignoring its ethical dimensions and protective purposes. This study aims to analyze how Islamic criminal law is positioned within the defensive logic of the constitutional state, while offering a reconstruction from the politics of formalization towards the substantialization of values. The method used is normative legal research with a conceptual and philosophical approach, through an analysis of the theory of the rule of law, legal politics, and the principles of maqāṣid al-syarī‘ah. The results of the study show that the main problem does not lie in the inherent conflict between jināyah and the constitution, but rather in the state's verificative and subordinative approach, as well as in the orientation of normative struggles that are trapped in legislative symbols. The novelty of this research lies in the shift of analysis from formalistic debate to substantive integration based on the values of protection and justice, while offering a dialogical framework that allows Islamic criminal law to transform into a source of public ethics that is constitutional, rational, and relevant to the development of national criminal law.]]>
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