An Analysis of Criminal Sanctions for Adultery Under Islamic Law and the National Legal System: A Study of Legal Pluralism in Indonesia
DOI:
https://doi.org/10.35335/7ckykk29Keywords:
National Legal System, Criminal Sanctions, Islamic Law, Criminal SanctionsAbstract
This research examines the criminal sanctions for adultery under Islamic law and the national legal system, focusing on their legal requirements, procedural aspects, and the challenges posed by legal pluralism in a multicultural state. By analyzing the evidentiary standards, legal processes, and underlying principles of both systems, the study reveals significant differences in how adultery is proven and punished. Islamic law mandates stringent proof and severe hudud penalties based on religious texts, while the national legal system applies more flexible procedures and sanctions emphasizing human rights and due process. The coexistence of these dual legal frameworks in Indonesia highlights complexities in jurisdiction and legal certainty, particularly in regions implementing Islamic criminal law. This research underscores the need for harmonization efforts that respect religious values while ensuring fairness, equality, and adherence to constitutional principles. The findings contribute to ongoing debates about the integration of religious law within national legal systems and the pursuit of justice in pluralistic societie.
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