I‘ĀDAH TAFSĪR AL-ḤUDŪD: Dirāsah fī Afkār Ibrāhīm Ḥusayn li Ajl al-Musāhamah fi al-Qānūn al-Waṭani al-Indūnīsī

Abstract

Departing from the reservation on the existence of sharia in Indonesia, especially in the area of criminal law, which leaves no room for its contribution in Indonesian law, Ibrahim Hosen (1917-2001), an Indonesian Muslim jurist who once served as mufti of fatwa assembly in the Indonesian Council of Ulama (MUI), had spent his effort in boldly reinterpreting criminal verses of the Qur’an which for many are considered final and uninterpretable. This article is aimed at uncover and understand the methodological framework he used in reinterpreting criminal verses of the Qur’an and its contribution in the Indonesian criminal law. This study concludes that Hosen’s method is ta’aqquli (rational), revisiting the final and uninterpretable divine texts, and resorting to the concept of siyasa shar’iyya (policy compliant with shari’a). By doing so, it is feasible to implement any form of punishment as long as it realizes the goals and objectives of the law. Therefore, sharia will remain exist and it is not impossible that it will be integral part of the national law of Indonesia.