The Construction of Religious Freedom in Indonesian Legislation: A Perspective of Maqāṣid Ḥifẓ Al-Dīn

Abstract

The Indonesian state has legal provisions of religious freedom contained in the constitution and its derivatives legislation. This article aims to discuss religious freedom in Indonesian legislation from the perspective of maqāṣid hifẓ al-dīn. This study is the result of qualitative research using a content analysis approach. From the results of the discussion, it is known that the freedom of religion in Indonesian legislation includes freedoms to choose belief (Belief in One Supreme God), to worship, and to express religion. These provisions are in line with hurriyyah al-'i'tiqād Ibn 'Āsyūr and al-ḥurriyyah fī al-dīn al-Zuhailī regarding freedom of worship but are not in accordance with al-Zuhaili's opinion about freedom of belief, an area of personal choice when one may choose to be religious or not. The contradiction occurs because all Indonesian citizens must believe in One and Only God as the first precept of Pancasila and make six religions as religions recognized by the State as contained in Presidential Decree No. 1/1965 (PNPS Act). Therefore, it is necessary to reconstruct the law and values of religious freedom contained in the PNPS Act, especially in its implementation.

Islamic Criminal Law Study on The Seizure of Corruptor Assets as an Indonesian's Criminal Sanction in The Future

“…Thus, this is in accordance with the opinion of the Hanabilah scholars who allow the death penalty as ta'zir if the perpetrator of a crime repeatedly commits a crime. When viewed from the concept of maqashid al-syari'ah (Lathifah et al, 2022) (Kasdi et al, 2021), the threat of the death penalty as ta'zir is in accordance with the concept of maqashid alsyari'ah, because in it there is benefit for the State and can provide a deterrent effect to the perpetrators of corruption where So far, the punishments set in Indonesia are no longer effective.…”