Legitimate Living Fiqh Jinayah Inside the Newest Indonesian Book of Criminal Law

2024-08-21T11:33:33+07:00

On January 2, 2026, Indonesia officially adopted the newest Criminal Code, namely Law no. 1 of 2023 concerning the Criminal Code. This National Criminal Code is proof of decolonization by abandoning the WVSI (Wetboek van Straftrecht) which has been used since the Dutch colonial era. One proof of this decolonization is the recognition of the laws that exist in Indonesian society, as contained in Article 2 "The provisions referred to in article 1 paragraph 1 do not reduce the validity of the laws that exist in society which determine that a person deserves to be punished even if the act is not regulated in this Law”. Initially in Indonesia, the law that lived amid of society was discovered by Lodewijk Willen Cristian Van Den Berg (d. 1927 AD) who lived and researched Indonesian society, concluding that the Indonesian people had essentially fully accepted Islamic law as their law. Realize, this theory became known as Theory of Reception in Complexu. This theory gave birth to Article... HIR is: "the law that applies to natives is based on the Islamic religion". Before finally this article was changed in the interests of the colonialists. The formulation of the research problem is how is the legitimacy of living fiqh jinayah in the Indonesian National Criminal Code? With the first research question, how is the formulation of criminal acts in living fiqh jinayah regulated in the National Criminal Code? Secondly, what is the criminal responsibility in living fiqh jinayah regulated in the National Criminal Code? Yhird, what are the criminal sanctions for violators of living fiqh jinayah regulated in the Criminal Code? National? This research is normative legal research. The conclusion from this research is that one of the living laws in Indonesian society which is legitimized by the National Criminal Code is living fiqh jinayah. Firstly, regarding criminal acts regulated by the Criminal Code in living fiqh jinayah are all criminal acts that are in accordance with the values contained in Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles recognized by the people of the nation. nation and strengthened by Regional Regulations. Second, criminal liability in living fiqh jinayah is different from the National Criminal Code in terms of the adult category, where in living fiqh jinayah the size of adult is puberty whereas in the National Criminal Code it is if you are 18 years old. Third, the criminal sanction for living fiqh jinayah stipulated in the National Criminal Code is a fine.

Internal and External Toleration of the Tariqa Alawiyya towards Conversions to Shi’ism and Salafism

2024-08-21T13:36:17+07:00

Studies on the Ba’alawi, a clan hailing from the Hadhramaut valley in Southern Yemen who claim to be descendants of the Prophet Muhammad, tend to discuss their association with the Sufi pathway known as the Tariqa Alawiyya and its influence on not only the Hadhrami society but also the Malay world. The Ba’alawi has successfully propagated their brand of Islam which is rooted in Sunni-Shafiʿi beliefs in the Malay world, as evident from the various Islamic rituals that Muslims in the region take part in which has its origins in the Tariqa Alawiyya. However, Muslims have been increasingly exposed to other forms of Islam such as Salafism and Shi’ism, resulting in the Tariqa Alawiyya having to vie for its legitimate place in the Islamic ideological battleground. Resultantly, many of the members of the Tariqa Alawiyya have moved from their autochthonous belief system to Shi'ism or Salafism. By reviewing the books either recommended or borrowed from 45 Ba’alawi individuals from Indonesia, Singapore and Malaysia on the Tariqa Alawiyya, this article seeks to understand the Tariqa Alawiyya views towards other belief systems and its perspective towards converts out of its path. Utilising Spinner-Halev’s model of religious toleration, this paper argues that though the Tariqa Alawiyya is externally tolerant and inclusive, welcoming of other belief systems into the fold of Islam, it is internally intolerant and exclusive, admonishing and proscribing its Ba’alawi adherents from converting out of the path. By doing so, the Tariqa Alawiyya ensures its continued preservation as a belief system in Islam.

Semarak International Journal of Islamic Studies and Culture

Legitimate Living Fiqh Jinayah Inside the Newest Indonesian Book of Criminal Law

Internal and External Toleration of the Tariqa Alawiyya towards Conversions to Shi’ism and Salafism