Balada Al Mubaarok

Ta'zir and Restorative Justice: Alternative Punishments from an Islamic Perspective

2025-06-18T22:13:28+07:00

This study examines ta'zir punishment as a form of punishment in Islamic law that is adaptive and upholds humanitarian values. The study was conducted using a qualitative, descriptive, and normative approach, through a literature review of primary sources such as the Qur'an, Hadith, and works of previous scholars, supported by contemporary academic literature. The findings show that ta'zir punishment is imposed on violations that are not expressly regulated in the holy text, with the determination of sanctions left to the judge's consideration through ijtihad, referring to justice, public interest, and social context. This concept emphasizes the importance of personalizing punishment, orientation towards the recovery of the perpetrator, and balance between action and sanctions, so it is in line with the restorative justice approach in the current criminal system. The conclusion of this study confirms that the principles of ta'zir can inspire modern criminal law reform, especially for cases that require non-punitive handling, as long as they adhere to the principles of legality and respect for human rights.

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

2025-07-16T19:01:07+07:00

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.

Conceptualizing Democracy in the Classical Islamic Tradition: A Turāth Literature Analysis on Sovereignty and Consultation

2025-06-14T10:04:55+07:00

This study explores the concept of a democratic system of governance from an Islamic perspective through a critical examination of turāth (Islamic classical heritage) literature. While democracy centered on the principle of popular sovereignty has been widely adopted globally, including in Indonesia, its compatibility with Islam remains a subject of debate. Certain Muslim groups argue that democracy contradicts Islamic teachings and advocate for alternatives such as the implementation of sharīʿah law or the re-establishment of the caliphate. Employing a qualitative, descriptive-analytical approach through library research, this study draws primarily on the works of classical scholars (salaf) and relevant literature. Using content and discourse analysis, the research reinterprets foundational Islamic concepts in light of contemporary democratic ideals. Findings suggest that key democratic principles such as representative decision-making and public welfare (maṣlaḥah) are not only compatible with Islamic governance but also reflected in the Islamic practice of shūrā (consultation). In Islam, shūrā involves participatory deliberation by competent and trustworthy representatives of the community. Thus, this study concludes that democracy, when framed through Islamic ethical values, holds significant potential for promoting justice, welfare, and accountable governance in Muslim societies.

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

2025-06-14T13:48:26+07:00

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.