Ta’zir Punishment for Adultery in Indonesian and Malaysian Law from a Maqashid Sharia Perspective

Abstract

This research aims to examine the controversy of zina (fornication and adultery) provisions in Indonesia and Malaysia from the perspective of Maqasid Sharia, with particular attention to how society perceives, interprets, and responds to these laws. The study seeks to identify whether the application of zina articles aligns with the higher objectives of Islamic law in safeguarding religion, life, lineage, intellect, and property. Employing a qualitative field research method, data were collected through in-depth interviews with legal practitioners, Islamic scholars, and community leaders, as well as observations and documentation analysis in both Indonesia and Malaysia. The findings show that in Malaysia, especially in states with Syariah Criminal Enactments, zina regulation is understood as part of religious duty to preserve morality and lineage, although its enforcement remains limited by federal constitutional boundaries. In Indonesia, the inclusion of zina in the new Criminal Code has generated heated debate between groups advocating moral protection and those concerned with human rights and pluralism. From a Maqasid Sharia perspective, both contexts demonstrate a genuine attempt to protect lineage and public morality, yet the implementation raises challenges regarding justice, proportionality, and the balance between individual rights and collective interests. The study concludes that the controversy over zina laws reflects deeper negotiations between Islamic values, constitutional frameworks, and social realities. Its academic contribution lies in providing field-based evidence on how Maqasid Sharia can be operationalized as an analytical framework for evaluating contemporary legal debates, thereby enriching Islamic legal scholarship in Southeast Asia.