Legal Politics in Transforming Islamic Norms in Sexual Violence Law: A Maqasid al-Shariah Analysis

Abstract

Background: The transformation of Islamic norms into national legislation is critical, especially in Indonesia's sexual violence laws. Law No. 12 of 2022 aims to balance victim protection with societal and religious considerations. This study explores how maqāṣid al-sharīʿah (Islamic law objectives) influences the transformation of Islamic norms in the legislation, focusing on public interest and social justice.

Methods: Using a qualitative approach, primarily document analysis, this research examines the integration of maqāṣid al-sharīʿah into Law No. 12 of 2022. The focus is on how Islamic principles, particularly the protection of public interest and justice, are reflected in legal provisions.

Results: The study finds that Islamic principles, particularly those of maqāṣid al-sharīʿah, shape the law's provisions on victim protection, justice, and social welfare. However, challenges remain in aligning Islamic values with modern legal frameworks, particularly regarding rehabilitation and punishment.

Discussion: The research highlights how maqāṣid al-sharīʿah guides the legal transformation, prioritizing public welfare and justice. Tensions persist between traditional Islamic values and contemporary legal standards, necessitating a nuanced approach to integrate Islamic law in a pluralistic society.

Conclusion: The study emphasizes the importance of integrating maqāṣid al-sharīʿah in legal reforms, particularly for sensitive issues like sexual violence. Balancing Islamic values with national legal standards is essential to promote fairness and justice.

Novelty: This research offers new insights into how maqāṣid al-sharīʿah influences national legal reforms, demonstrating its role in shaping sexual violence laws while balancing Islamic principles with modern human rights standards.