Blasphemy Of Religion In Islamic Law (Study of Juridical Analysis in Indonesia)

Abstract

The purpose of the formulation of Islamic law is to maintain five main things, namely: religion, soul, mind, honor, lineage and property. Blasphemy of religion is a criminal act that threatens religious tolerance in society. Ibn al-Mundzir said that the majority of scholars agreed that the punishment for insulting the Prophet was death. Imam Malik bin Anas and the scholars of Medina are of the opinion that when the insulter is onedzimmah member, also sentenced to death, this is also in line with the opinion of Imam Ahmad bin Hambal. Insulting religion in Islamic law is called the termsabb al-diin. Blasphemy against the religion of Islam is denouncing or insulting the Koran and hadith, leaving or ignoring what is contained in both, and turning away from the laws contained in the Koran and hadith. So anyone who insults religion, such as teaching heretical sects or claiming to have received revelations or claiming to be a prophet, is of course very much against the true teachings of Islam. From the description of this paper, it can be concluded that Islamic law has not regulated in detail how the categories of religious blasphemy, as well as the sanctions, are. But it can be understood that, according to some scholars, those who fall into the category of religious blasphemy which are sentenced to death are insulting the Koran, hadith and claiming to be a Prophet. As for blasphemy in another category, maybe it can be included in that categoryjarimah ta'zir, so that judges are given the opportunity and freedom to decide cases with ijtihad based on various considerations, also taking into account the situation and conditions that are developing today.