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Application qiá¹£Äá¹£ as one of Islamic law is obligatory like SyÄfi’iyah’s and Hanafiyah’s view moreover Khawarij consider the government kafir if they do not apply Islamic law. In fact, qiá¹£Äá¹£ is not applied in every country in which Moslems live, including Indonesia. The aim of this research is reinterpretation ayat al- Qiá¹£Äá¹£ QS. Al-Baqarah 178-179 with the maqÄá¹£id al-syarÄ«ahand socio-histories approach and its implication for Indonesia criminal law. The result of this research is that qiá¹£Äá¹£ is wasÄ«lah to achieve ḥifẓ al-nafs aim. Qiá¹£Äá¹£ choice as wasÄ«lahis influenced Arab civil’s tradition before Islam. Because of it, qiá¹£Äá¹£as wasÄ«lah can be changed by Indonesia criminal law that is written in article 338, 339, 340 and 344 KUHP
Akhmad Sulaiman (Fri,) studied this question.