Mukalla / University Media

The Faculty of Sharia and Law at Al-Ahgaff University held a master’s thesis defence on Monday for researcher Risma Hamidah, titled:
“The Crime of Adultery: A Comparative Study in Light of Indonesian Law and Islamic Sharia.”
The defence was attended by a distinguished group of faculty members and legal and Sharia scholars.

The examination committee consisted of:

• Dr. Abdullah Abu Bakr Balfaqih (External Examiner – Imam Al-Shafi’i University),
• Dr. Ahmed Salem Bin Aqeel (Internal Examiner – Al-Ahgaff University),
• Under the supervision of Dr. Asfiya Al-Rahman and Associate Professor Dr. Hashim Alawi Muqaibel (Al-Ahgaff University).

The thesis explored the legal framework governing the crime of adultery under Indonesian law and compared it to the rulings in Islamic Sharia. The study was structured into three main chapters:

• Chapter One discussed the definition, conditions, and penalties for adultery under Indonesian law.
• Chapter Two detailed the Islamic legal rulings on adultery.
• Chapter Three offered a comparative analysis between the two systems, highlighting areas of convergence and divergence, as well as the broader social and individual impacts of the crime.

The findings revealed significant shortcomings in the Indonesian legal system, particularly its narrow scope of criminalization—limiting the offense to cases of marital infidelity—and the requirement of a formal complaint to initiate prosecution. The study contrasted this with Islamic Sharia, which was characterized as more comprehensive and deterrent in its approach.

Among the key recommendations presented by the researcher were:

• Reforming Indonesian legislation to broaden the definition and scope of adultery as a criminal offense.
• Increasing the severity of penalties.
• Criminalizing the use of prostitution services.
• Enhancing public awareness of the social harms associated with adultery.

At the conclusion of the defence, the committee praised the academic rigor and originality of the research and recommended awarding Risma Hamidah the degree of Master of Arts in Fiqh and Usul al-Fiqh with distinction.

The researcher expressed her gratitude to the examination committee and her supervisors for their guidance and support throughout the research journey.