Analisis Literatur Penodaan Agama dalam Sistem Hukum Indonesia melalui Perspektif Maslahah Mursalah dan Kebebasan Beragama

Abstract

Blasphemy remains one of the most controversial legal issues in Indonesia, particularly due to the tension between protecting the sanctity of religion and upholding the constitutional principle of freedom of religion. The central question of this study is how blasphemy is understood and regulated within the Indonesian legal system, and how the perspective of maslahah mursalah can provide a more contextual and relevant solution to this polemic. The novelty of this research lies in the application of maslahah mursalah as an analytical framework to assess blasphemy regulations, an approach rarely explored in contemporary Islamic legal literature. The methodology employed is a literature review, examining classical fiqh jinayah, maqasid al-shariah, as well as contemporary studies on freedom of religion and human rights. The findings reveal that maslahah mursalah can serve as a bridge between religious protection and respect for freedom of religion, offering a more integrative and balanced perspective. This study contributes to academic discourse by emphasizing the need for reformulation of blasphemy provisions to align with both Islamic legal principles and international human rights standards.