Legal Sanctions for Bestiality Offenders in Indonesia: A Study Based on Fiqh al-Jināyāt

Abstract

Bestiality is a form of sexual deviance that has seen increasing prevalence, particularly in Indonesia, since the early 2000s. Despite its alarming nature, the Indonesian legal system lacks specific regulations addressing this issue. In contrast, Islamic criminal jurisprudence (fiqh al-jināyāt) discusses such behaviour under the scope of discretionary punishment (taʿzīr). This study aims to analyze legal responses to bestiality in Indonesia through the lens of fiqh al-jināyāt. Employing a qualitative library research method, the study draws on classical and contemporary Islamic legal sources and scholarly opinions. It adopts the legal maxim al-ḍarar yuzāl (harm must be eliminated) as an analytical framework to interpret the application of taʿzīr to cases of bestiality. The findings reveal a significant discrepancy between Indonesia's legal treatment of bestiality and the normative provisions found in Islamic criminal law. While fiqh al-jināyāt provides a basis for firm punitive measures, Indonesian laws often address such acts merely as minor animal abuse, resulting in inadequate deterrent effects. This gap highlights the urgent need for educational programs to raise public awareness about the dangers of bestiality and to promote an understanding of healthy sexual behaviour. Moreover, strengthening moral and ethical norms in society is essential to prevent the recurrence of such deviant acts.