Legal and ethical interpretation of blasphemy cases in Indonesia: A ma'na-cum-maghza perspective

Akbar, Irwan Ahmad, Zainuddin, M. ORCID: https://orcid.org/0000-0002-3602-6152 and Soleh, Achmad Khudori ORCID: https://orcid.org/0000-0002-5145-6046 (2023) Legal and ethical interpretation of blasphemy cases in Indonesia: A ma'na-cum-maghza perspective. Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum, 57 (1). pp. 83-106. ISSN 08548722

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Abstract

The phenomenon of religious blasphemy cases in Indonesia, including the cases of Sukmawati and Meiliana, which are the focal points of this study, has raised concerns and garnered serious attention, even from academics. Accusations in cases of religious blasphemy are almost invariably based on interpretations of QS. al-Tauba [9]: 64-66. Therefore, this article aims to explore the alignment between these cases and the meanings contained within QS. al-Tauba [9]: 64-66 from legal and ethical perspectives. The data in this article are based on legal documents, books of Quranic exegesis, academic journal articles, reports from Human Rights Watch, and several national online news sources. Data collection techniques involved literature studies and case observations via the internet. The blasphemy cases accused against Sukmawati and Meiliana are described within the context of Indonesian law and analyzed using the ma’na-cum-maghza theory. This article concludes that the actions taken by Sukmawati and Meiliana were wrong and unethical. However, their actions cannot be categorized as criminal offenses. Based on the analysis of QS. al-Tauba [9]: 64-65, blasphemy does not fall into the category of criminal acts, but rather an ethical violation whose legal sanctions are in the hands of God, not humans. Thus, this article offers a new perspective on interpreting and understanding the term blasphemy.

Item Type:	Journal Article
Keywords:	religious blasphemy; legal interpretation; hermeneutics; ma’na-cum maghza; significance
Subjects:	22 PHILOSOPHY AND RELIGIOUS STUDIES > 2203 Philosophy
Divisions:	Faculty of Psychology
Depositing User:	Dr Achmad Khudori Soleh
Date Deposited:	15 May 2024 10:31

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