Virtual Zina in the Perspective of Maqāṣid al-Sharī‘ah: Reconstructing the Islamic Criminal Law Approach to Contemporary Sexual Crimes

Abstract

This study aims to reconstruct the Islamic criminal law approach to adultery from the perspective of maqāṣid al-sharīʿah in order to do justice to the complexity of contemporary sexual offenses. The classical fiqh approach, which is based on textual and normative principles, is considered insufficient to address non-consensual forms of sexual violence such as rape, harassment, and digital exploitation. Using a qualitative method based on literature review and maqāṣidī analysis, this study combines authoritative sources of Sharia with modern criminological literature. The results of the study show that the maqāṣidī approach allows for a reinterpretation of the boundaries of zina, the mechanisms of proof, and the types of punishments that are better adapted to the principles of protection of life (ḥifẓ al-nafs), reason (ḥifẓ al-‘aql), and honor (ḥifẓ al-‘irdh). However, methodological challenges and resistance from traditional fiqh authorities pose obstacles to the operationalization of this approach. The limitations of this study lie in its conceptual nature without empirical investigation of its application in Muslim countries. These findings make a normative contribution to strengthening victim protection and promote epistemological renewal in Islamic criminal law. The novelty of this research lies in its systematic approach to integrating maqāṣid al-sharīʿah into the redesign of adultery offenses to reflect the reality of modern sexual crimes.