Menakar Ulang Kebebasan Beragama dalam Hukum Islam: Perspektif Konstitusional dan Realitas Sosial

Abstract

This article examines religious freedom in Indonesia through the lens of Islamic law and national law, highlighting the tension between religious norms and human rights principles. Using a qualitative-normative method and theological, juridical, and sociological approaches, the study explores key Islamic concepts such as la ikraha fi al-din and maqashid shariah, linking them to constitutional guarantees under Articles 28E and 29 of the 1945 Constitution. It finds that Indonesia’s pluralistic legal system creates complex dynamics, particularly when elements of sharia law are incorporated into regional regulations that restrict the religious expressions of minority groups. Drawing on Mahipal’s insights regarding the relationship between law, state, and culture, this article argues for a contextual interpretation of Islamic law and the need for more inclusive legal policies that reflect Indonesia’s multicultural reality.