Pornography in The Perspective of Islamic and National Law Ilda Hayati1, Busman Edyar2 12Institut Agama Islam Negeri (IAIN) Curup, Indonesia Correspondence: ildahayati@iaincurup.ac.id, busmanedyar@iaincurup.ac.id Abstract. This research aims to explain the perspective of Islamic and national law on pornography. This is a normative juridical research with a comparative approach which is analyzed by prescriptive analysis. The results of the research show that Islamic and national law have the same paradigm towards pornography as a despicable act which is prohibited by sharia and the constitution. There are at least two terms in Islamic law that have intersections with pornography; first, the term aurat, which is a part of the human body that should not be shown or must be covered because it can cause shame (QS.24: 58) and arouse the sexual desires of others who see it (QS.33: 59). Secondly, tabarruj, which describes a person in a dress that tends to be indecent or characterizes the appearance of a dishonorable person. Meanwhile, national law regulates this pornography in several regulations such as Law No. 44/2008 on Pornography; several articles in the Criminal Code; Law No. 32/2002 on Broadcasting; Law No. 8/1992 on Film; Law No. 40/1999 on Press; Law No. 36/1999 on Telecommunications; and Law No.11/2008 on Information and Electronic Transactions. Keywords: Pornography, Islamic law, and national law INTRODUCTION Etymologically, pornography comes from the Greek porne (meaning prostitute) and graphe (meaning writing or drawing). According to Andi Hamzah, pornography is; a) an expression in the form of stories about Institut Agama Islam Negeri (IAIN) Curup, Indonesia ISSN 2580-3174, (p); 2580-3190 (e) volume 9, number 1, 2024 | page: 53-70 DOI: http://doi.org/10.29240/ajis.v9i1.9897 AJIS Academic Journal of Islamic Studies mailto:ildahayati@iaincurup.ac.id mailto:busmanedyar@iaincurup.ac.id 54 | AJIS : Academic Journal of Islamic Studies, vol. 9, no. 1, 2024 prostitution; b) an expression in the form of writing about erotic life only to cause sexual stimulation to the reader or the viewer.1 According to the Great Dictionary of the Indonesian Language (KBBI), pornography is: a) depiction of behavior in an erotic manner by painting or writing to arouse lust; b) material designed intentionally and solely to arouse lust in sex.2 Then in the formulation of Law No. 44/2008 on Pornography, pornography is defined as images, sketches, illustrations, photos, writings, sounds, voices, moving images, animations, cartoons, conversations, gestures, or other forms of messages through various forms of communication media and/or public performances that contain obscenity or sexual exploitation that violate the norms of decency in society.3 On the other hand, the Oxford Advanced Learner's Dictionary defines pornography as: a) describing or showing sexual acts in order to cause sexual excitement; b) books, films, etc. that do this; the trade in pornography.4 Similarly, in Webster's New World Dictionary, pornography is formulated as: a) writings, pictures, etc., intended primarily to arouse sexual desire; b) the production of such writings, pictures, etc.5 Tjipta Lesmana summarizes several opinions related to pornography; 1) the opinion of Muhamad Said who defines pornography as anything that is deliberately presented with the intention of stimulating the sexual appetite of the public; b) the opinion of Hooge Raad who argues that pornography raises dirty thoughts; c) The jurisprudence of the Indonesian Supreme Court which states that something is called pornographic if most members of the community judge that based on the standards of value that apply at that time, the material as a whole can arouse the low lust of the reader. Pornography is characterized by images or writings that can arouse the sexual stimulation of those who see and read them, which violate the sense of decency or modesty of the community and therefore do not deserve to be prepared in general.6 According to HB. Jassin, pornography is any writing or image that is written with the deliberate intention of being sexually stimulating. Pornography makes the reader's fantasy become winged and "crawl" to the 1 I Made Adhy Mustika, “UU No. 44 Tahun 2008 Tentang Pornografi Ditinjau dari Perspektif Politik Hukum”, in Jurnal Magister Hukum Udayana (Udayana Master Law Journal), (Denpasar : Universitas Udayana), Vol. 5, No.3, September, 2016, p. 463 2 Departemen Pendidikan dan Kebudayaan RI, Kamus Besar Bahasa Indonesia, (Jakarta : Balai Pustaka, 1988), 1st ed., p. 696 3 Article 1 paragraph (1) of Law No. 44 of 2008 on Pornography 4 AS Hornby, Oxford Advanced Learner’s Dictionary of Current English, (Oxford : Oxford University Press, 1989), 4th ed, p. 962 5 Nirmala Permata Uneto, “Penerapan Hukum Pidana Terhadap Pelaku Tindak Pidana Pornografi Menurut UU No 44 Tahun 2008 tentang Pornografi”, in Lex Crimen Journal, Manado : (Universitas Sam Ratulangi), Vol. VII/No. 7/Sept, 2018, p. 98 6 Kutbuddin Aibak, Kajian Fiqh Kontemporer, (Yogyakarta : Kalimedia, 2017), 1st ed, p. 15 Ilda Hayati : Pornography In The Perspective Of Islamic And National Law | 55 genital areas that cause lust to flare up. In line with this, Arief Budiman defines pornography as something related to sexual matters that are not appropriate to be disclosed openly to the public. This view is in line with the meaning of pornography given by The Encyclopedia Americana that images, writings, or other forms of communication intended to arouse sexual desire. Therefore, the main element of material that is called porn is that which is deliberately intended to arouse sexual desire.7 Apart from pornography, there is also the term pornoaction. Pornoaction is a description of erotic behavior in the form of real (direct) actions that can arouse lust.8 Pornoaction also shows off forbidden body parts (aurat) and erotic swaying. Thus, pornography is a description of the behavior of the perpetrator through various media. Meanwhile, pornoaction is a description of his behavior in the form of direct action. In this context, pornography and pornoaction both have a deliberate nature to do things that can arouse the lust of others irresponsibly, which is done openly through the media or done in the form of direct action.9 There are several studies that examine pornography in the study of Qur'anic verses and national law, including; Arie Sulistyoko, Bahran, and Rusna Yulida (2019) who states that in fiqh, witnessing someone's aurat that is not his/her right is haram, except for purposes permitted by sharia. Meanwhile, the Criminal Code places pornography implicitly included in Chapter XII, which is about crimes against decency regulated in Article 282 and Article 283 of the Criminal Code. Then from an ethical or moral point of view, pornography and pornography clearly damage human morals and behavior. People who like to see pornographic action through electronic media or print media will always think negatively / dirty which will make people around them worry about their behavior. 10 Shohibul Adib (2019) found that pornography and pornoaction in the perspective of Islamic law are forbidden. This is clear normatively based on several verses in the Koran and several traditions of the Prophet Muhammad SAW which strictly prohibit. In addition, the provisions in the MUI Fatwa dated August 22, 2001 No. 287 of 2001 also clearly and firmly forbid pornography and pornoaction in all its forms. Then, in the Pornography Law that was passed on October 30, 2008, in terms of legal discovery methods, ideological bases and 7 Firdaus Syam, et al., Analisis dan Evaluasi UU No 44 Tahun 2008 tentang Pornografi, (Jakarta : Badan Pembinaan Hukum Nasional Kementerian Hukum dan Hak Asasi Manusia RI, 2010), p. 21 8 Huzaemah Tahido Yanggo, Masail Fiqhiyah : Kajian Hukum Islam Kontemporer, (Bandung : Angkasa, 2005), 1st ed, p. 230 9 Hartini, “Hukum Islam Pluralis Multikultural di Indonesia : Kasus UU Pornografi dan Pornoaksi”, in al-Daulah Journal, (Makasar : UIN Alauddin), Vol. 4, No. 1, June (2015), p. 183 10 Arie Sulistyoko, Bahran, dan Rusna Yulida, Pornografi Dalam Perspektif Hukum Dan Moral, in Journal of Islamic and Law Studies, Vol. 3 No. 2 (2019), p. 109-133 56 | AJIS : Academic Journal of Islamic Studies, vol. 9, no. 1, 2024 legal substance, there are several articles or provisions that are not in line with Islamic teachings.11 Then there is the writing of Said Firdaus Abbas, Mohd. Din, Iman Jauhari, et al (2019), which states that the forms and criteria in Islamic criminal law that can be categorized as criminal acts of pornography are forms of behavior, unlawful nature, guilt, constitutive effects, accompanying circumstances, additional conditions for criminal prosecution, and additional conditions for punishment. The application of criminal sanctions in Islamic law punishment for perpetrators of criminal acts of pornography can be punished with zina, ta'zir, and qisas.12 In addition, Eril and Karina Alifiana Karunia (2022) emphasizes that it is haraam to look at something from the body of an ajnabiyah woman, even if it has been separated from her, such as her nails or pubic hair. Then viewing pornographic videos for husband and wife is prohibited on the basis of surah An-Nur/24: 30-31. This verse commands to guard the gaze of both men and women regardless of whether they are in a relationship as husband and wife or not. This law is an 'ainiyah law regardless of family relations and the like. The relationship between husband and wife does not then legalize everything that was forbidden before the marriage contract, such as intercourse, looking at the husband's or wife's aurat, and so on.13 Then Yon Julia Ruth Tyas Sari and Farid Pribadi (2023), who studied the Siskaeee porn video case, concluded that the Siskaeee pornographic video case was a violation of the law that must be sanctioned. In the media coverage, it tends to be against this case, by explaining the violation, namely violating the Pornography Law and also the Information and Electronic Transactions Law because it involves Onlyfans social media and Twitter as a medium for spreading videos. Each media has its own tendencies. CNN Indonesia.com tends to use various sources from various points of view in reporting information.14 Finally, Mahrus Ali and Muhammad Abdul Kholiq (2023) concluded that theoretically (socio-historically based) and juridically (based on the philosophical values of Pancasila, especially the first principle and the 1945 11 Shohibul Adib, Pornografi dan Pornoaksi Persfektif Hukum Islam, in Journal Tasamuh, Volume 11, No. 2, September 2019, p. 303-325 12 Said Firdaus Abbas, Mohd. Din, Iman Jauhari, Hukuman Tindak Pidana Pornografi dalam Hukum Pidana Islam, dalam Kanun Jurnal Ilmu Hukum, Vol. 21, No. 2, (August, 2019), p. 241-254 13 Eril dan Karina Alifiana Karunia, Hukum Menonton Film Porno Bagi Suami Istri dalam Pandangan Hukum Islam, in Journal Al-Ahkam: Jurnal Hukum Pidana Islam Volume 4, No. 1, 2022, p. 71-83 14 Yon Julia Ruth Tyas Sari dan Farid Pribadi, Konstruksi Media Online Pada Pemberitaan Kasus Penyebaran Video Pornografi, in Journal Paradigma, Volume 12, Number 2, 2023, p.1-10 Ilda Hayati : Pornography In The Perspective Of Islamic And National Law | 57 Constitution, especially Article 29), the absorption of Islamic criminal law values in the preparation of the Criminal Code is a historical right and constitutional right. The values and principles of Islamic criminal law on the offense of adultery have not been fully absorbed in the National Criminal Code. Some forms of adoption that have reflected the values and principles of Islamic criminal law are the expansion of the scope of acts criminalized as adultery, the philosophy of prohibiting adultery and the threat of criminal sanctions against adultery. Some acts that are essentially an offense of zina decency but are not criminalized as an offense of zina decency are rape, prostitution and self- enjoyment of pornographic content.15 This research is a normative juridical research, which is a research process carried out to find legal rules, legal principles, to answer legal problems. Normative legal research is also conducted to produce new arguments, theories, or concepts as prescriptions (assessments) in the problem at hand. Normative research will focus on legal objectives by analyzing the law based on existing legal conditions on the substance of justice values, the validity of legal rules, legal concepts, and legal norms.16 Because normative juridical research is library research, the data source in this research was secondary data with data collection techniques in the form of documentation studies. Secondary data sources in this research consisted of primary legal materials, secondary legal materials, and tertiary legal materials. The approach taken in this research was a comparative approach, which was an approach taken by comparing legal verses in the Qur'an and national positive law related to pornography while the data obtained were analyzed prescriptively to provide argumentation on the results of research that had been conducted. Discussion A. Pornography in the Perspective of National Law By definition, the laws governing pornography provide limitations on pornography to; 1) about pornography itself which is defined by images, sketches, illustrations, photographs, writings, sounds, sounds, moving images, animations, cartoons, conversations, gestures, or other forms of messages through various forms of communication media and / or public performances that contain obscenity or sexual exploitation that violate the norms of decency in the community;17 15 Mahrus Ali dan Muhammad Abdul Kholiq, Adopsi Nilai dan Prinsip Hukum Pidana Islam tentang Delik Kesusilaan Zinadalam Kitab Undang-undang Hukum Pidana Nasional, in Journal Hukum IUS QUIA IUSTUM NO. 3 VOL. 30 SEPTEMBER 2023: 622- 649 16 Marzuki, P. M. Penelitian Hukum, (Jakarta : Kencana Prenada Media Group, 2007). 17 Article 1 paragraph (1) of Law No. 44 of 2008 on Pornography 58 | AJIS : Academic Journal of Islamic Studies, vol. 9, no. 1, 2024 2) pornography services, i.e. all forms of pornography services provided by individuals or corporations through direct appointment, cable television, terrestrial television, radio, telephone, internet, and other electronic communications as well as newspapers, magazines, and other printed matter.18 Meanwhile, the elements of the criminal act of pornography are regulated in Article 4 through Article 13 of the Pornography Law, namely: a) producing; b) providing; c) making; d) renting; e) reproducing; f) funding; g) duplicating; h) lending or downloading; i) disseminating; j) playing; k) broadcasting; l) showing; m) importing; n) utilizing; o) exporting; p) owning; q) offering; r) storing pornographic products; s) selling; t) inviting; u) renting; v) persuading; w) utilizing/forcing children to be involved in pornography.19 Law No. 44/2008 on Pornography is a product of legislation that went through a long process of approximately 10 years and has gone through a long debate with a number of changes when it was passed. In terms of name, for example, before it was passed, this law was called the Anti-Pornography and Pornoaction Bill (RUU APP). In its development, this bill was changed to the Pornography Bill and then through the DPR session it was passed and stipulated as the Pornography Law.20 The birth of the Pornography Law is closely related to the rise of pornography in Indonesia. Along with the development of the reformation era that gave freedom to the people of Indonesia, pornography and pornoaction also joined in the freedom. In the name of freedom of expression, the perpetrators of pornography seem to wander freely without anyone being able to prevent it.21 In fact, pornography or pornoaction has a bad influence on the morality of the nation. In principle, for example, according to Haryatmoko, there are at least four impacts caused by pornography: first, loss of personality (depersonalization). In this case, the body is understood as an attempt to pull out of the body all the things that represent one's personality. He will be released from soft attitudes, a sense of humanity and relatedness or pornography displays the face of violent sexuality. The relationship becomes objectifying. Secondly, the absence of truth demands is due to the imperative 18 Article 1 paragraph (1) of Law No. 44 of 2008 on Pornography 19 Articles 4 through 14 of Law No. 44 of 2008 on Pornography 20 Firdaus Syam, et al., Analisis dan Evaluasi UU No 44 Tahun 2008 tentang Pornografi, p. 1 21 The most notable cases at that time were the polemics over Inul Daratista's "goyang ngebor", Anisa Bahar's "goyang patah-patah", and Uut Permata Sari's "goyang ngecor" which emerged in 2005. At that time there were pros and cons in the community whether their shaking was an art or a part of porn. Later in 2005, there was also the case of Anjasmara and Isabel Yahya who displayed scantily clad photos. Later both of them dealt with the law because they were accused of pornography and pornoaction by Polda Metro Jaya., Husniyatus Salamah Zainiyati dalam Sahid HM, Pornografi dalam Kajian Fiqh Jinayah, (Surabaya : Sunan Ampel Press, 2011), 1st ed , p. 42 Ilda Hayati : Pornography In The Perspective Of Islamic And National Law | 59 that is already visible. In this context, the image has already shown everything, so there is no need to guess or interpret. Thus, the demand for truth is reduced because pornography rejects the hidden or the potential. The process of dumbing down occurs because the reader or viewer is not invited to reflect, there is no process of processing, precipitating, let alone critical thinking. What is asked is only to swallow, to consume so that sexual desires are aroused. Third, in pornography the body becomes lifeless and the face expressionless. The realism of the image allows the availability of objects for the solitude of the viewer or reader without any competing subjects. Encounters are reduced to relations of domination. In this kind of relationship, only self-enjoyment is sought, everything else is just an excuse and a means. Fourth, the aesthetic of ugliness is very prominent in pornography. Nudity is displayed without concern for beauty. The main obsession is to stimulate sexual desire and curiosity, and ethical and aesthetic concerns are no longer considered. The lack of feeling or tenderness involved means there is no depth of self.22 The negative impact of pornography and pornoaction according to Neng Djubaedah is the frequent occurrence of adultery, rape, and even murder and abortion. The victims also vary, some are adult women, and some are children, both male and female. The perpetrators also range from strangers to people who are related, work, neighbor, professional, or educational (teachers and students). Even the victims are not only living people but also people who have died. This is done by the perpetrator as an outlet for the lust caused by pornographic scenes, which he watches through films, VCDs, shows, pictures, or writings or others that he sees, reads, or touches pornographic objects or pornographic actors. It is even more sad when the victims are animals because they see pornographic shows that visualize sexual relations not only between humans but also with animals.23 In a study of five adolescents in the Bogor area who were exposed to pornography, Mariyati and Khusnul Aini explained that in addition to increasing sexual desire, pornographic media (pornography viewing) had a major effect on their psychosocial aspects which included cognitive, psychological, and social changes. Other negative impacts are lack of concentration, lack of focus, loss of orientation, decreased productivity, deviant sexual behavior, compulsive behavior, anxiety, depression, inferiority, and selfish confidence. In addition, the longer a person consumes pornography, the greater the impact for addiction to escalation.24 22 Haryatmoko in Sahid HM, Pornografi dalam Kajian Fiqh Jinayah, (Surabaya : Sunan Ampel Press, 2011), 1st ed, p. 96-99 23 Neng Djubaedah, Pornografi dan Pornoaksi Ditinjau dari Hukum Islam, (Jakarta : 2009), 3rd ed, p. 1 24 Mariyati dan Khusnul Aini, “Studi Kasus : Dampak Tayangan Pornografi Terhadap Perubahan Psikososial Remaja”, in Journal Ilmu dan Teknologi Kesehatan, (Semarang : STIKES Widya Husada), Vol. 9, No. 2, 2018, p. 12 60 | AJIS : Academic Journal of Islamic Studies, vol. 9, no. 1, 2024 For adolescents, pornographic content can lead to negative behaviors, such as: a) motivating them to imitate the sexual acts they see or watch because of their low ability to filter information so that they are vulnerable to doing what they see; b) forming negative attitudes, values, and behaviors. This can be seen in the way they view women, sexual crimes, sexual relationships, and sex in general. These teenagers usually tend to sexually degrade women, consider casual sex as normal and natural behavior, and are permissive of rape; c) difficulty concentrating in learning. Even if they have a high IQ, if they are exposed to pornography, it can make it difficult to concentrate in learning and activities. Because they receive sexual sensations prematurely, what happens is that a deep impression settles under the conscious brain which causes them to have difficulty concentrating, not focusing, being lazy and not passionate about doing proper activities, causing them to experience disorientation (losing their identity that they are actually still teenagers; d) causing inferiority, closedness, and lack of confidence, and it is very possible that they have free sex outside of parental supervision. Meanwhile, when with friends who are not exposed to pornography, they will experience inferiority and lack of confidence and feel the most sinful; e) the emergence of deviant sexual behavior such as lesbianism, homosexuality, sadism, and pedophilia.25 The magnitude of the impact caused by pornography or pornoaction, coupled with the development of polemics over the limits and definitions of pornography itself, has caused a reaction in the community that demands a clear normative basis to regulate it. This became the background for the drafting of the Pornography and Pornoaction Bill. In 2006, the House of Representatives and the Government took the initiative to draft the Anti- Pornography and Pornography Act (RUU APP). In this bill, pornography is defined as the substance in media or communication tools made to convey ideas that exploit sexuality, obscenity, and or erotica. Meanwhile, pornoaction is defined as the act of exploiting sexuality, obscenity, and or erotica in public.26 This background clearly shows three important aspects of making a law, namely philosophical, juridical, and sociological. Philosophically, this law is needed as a guide for Indonesian society in facing the era of globalization that brings an order that is not necessarily in accordance with the values of Pancasila adopted by the Indonesian nation. Juridically, the existing normative provisions are inadequate in dealing with the increasing problem of pornography. In turn, law enforcement in pornography cases does not run effectively. While sociologically, this law is expected to be effective in dealing with the problem of pornography that has increasingly endangered the nation's children. The tendency is that pornography does not only involve 25 Sigit Tri Utomo dan Achmad Sa’i, “Dampak Pornografi Terhadap Perkembangan Mental Remaja di Sekolah”, in Journal Elementary, (Kudus : STAIN Kudus), Vol. 6, No. 1, January-June, 2018, p. 184-185 26 Sahid HM, Pornografi dalam Kajian Fiqh Jinayah, (Surabaya : Sunan Ampel Press, 2011), 1st ed, p. 42 Ilda Hayati : Pornography In The Perspective Of Islamic And National Law | 61 individuals, but has developed to involve other people, either of their own volition or forced to be shown in front of a large audience as a form of entertainment with no regard to its impact, especially on the younger generation.27 In addition to Law No. 44 of 2008, the provisions on pornography are also regulated in several other provisions, such as; Articles 281, 282, 283, and 533 of the Criminal Code; b) Article 57 jo Article 36 paragraphs (5 and 6), Article 58 jo Article 46 paragraph (3) of Law No. 32 of 2002 on Broadcasting; c) Article 40 jo Article 33 paragraph (1), Article 40 jo Article 33 paragraph (6) of Law No. 8 of 1992; d) Article 18 jo Article 5 paragraph (1), Article 18 jo Article 13 paragraph (1) of Law No. 40 of 1999 on the Press; e) Article 45 jo Article 21 of Law No. 36 of 1999 on Telecommunications; d) Article 40 jo Article 33 paragraph (1), Article 40 jo Article 33 paragraph (6) of 8 of 1992; d) Article 18 jo Article 5 paragraph (1), Article 18 jo Article 13 paragraph (1) of Law No. 40 of 1999 on the Press; e) Article 45 jo Article 21 of Law No. 36 of 1999 on Telecommunications; f) Article 27 paragraph (1) jo Article 45, Article 50 jo 34 paragraph (1), Article 52 paragraph (1), paragraph (4) of Law No.11 of 2008 on ITE. Year 2008 on ITE. Meanwhile, the punishment for pornography based on Law No.44 of 2008 is contained in Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article 35, Article 36, Article 37, Article 38, Article 40 and Article 41.28 Specifically in several articles in the Criminal Code, it can be concluded that there are specific elements related to this moral offense, such as; a). a) broadcasting, performing or displaying in public writings, images or objects which are known to violate decency; b) bringing them into the country, taking them out of the country; c) having in stock, openly or by circulating unsolicited letters, offering them or showing them; d) as a profession or habit; e) offering, giving continuously or temporarily; f) hands over or shows to a minor a writing, portrait or object offensive to decency; g) a device for preventing or aborting pregnancy; h) reads out the contents of a writing offensive to decency in the presence of a minor; i) he has good reason to suspect that the writing, portrait or object offensive to decency or the device is a device for preventing or aborting pregnancy.29 B. Pornography According to Islamic Law As a religious country, the discourse on pornography in Indonesia cannot be separated from a religious perspective. Islam, which is the majority religion practiced by its citizens, provides clear provisions on the issue of 27 Academic Paper on Draft Law on Pornography (Jakarta : DPR-RI, 2007), p. 5-7 28 Nirmala Permata Uneto, “Penerapan Hukum Pidana…, p. 96 29 Arie Sulistyoko, Bahran, dan Rusna Yulida, Pornografi Dalam Perspektif Hukum Dan Moral, dalam Journal of Islamic and Law Studies, Vol. 3 No. 2 (2019), p. 126 62 | AJIS : Academic Journal of Islamic Studies, vol. 9, no. 1, 2024 pornography. This can be seen from the teachings that prioritize shame, as mentioned in the Prophet's hadith:30 اإِليَمانََِِّّمنَََّّالَحيَاءَََّّفَإِن َّ (Indeed, shame is a part of faith) Likewise, in another hadith, the Prophet said 31 يَََِّّلم ََِّّإذَاَّ : تَح نَع ََّّتَس ِشئ تََََّّماََّّفَاص (If you have no shame, then do whatever you want.) In addition, there are also a rule, namely the issue of aurat. In this case, it is clearly related to aurat (something that must be covered and forbidden to be seen). The aurat of men is from the navel to the knees, while the aurat of women is the entire body except for the face and palms of the hands as is the opinion of the majority of scholars:32 dress code, and the obligation to guard one's gaze from anything that arouses sexual desire.33 There are at least two terms that have links to this pornography; first, the term aurat, which is a part of the human body that should not be shown or should be covered because it can cause shame.34 أاي ُّهاا ِنيا ال ُمؤ ِمِنيا واِنسااءِ واب انااِتكا ِِلاز وااِجكا ُقل النَِّبُّ َيا بِيِبِهنَّ ِمن عالاي ِهنَّ يُد فاَلا يُ ع راف نا أان أاد نا ذاِلكا جاَلا راِحيًما غاُفورًا اّللَُّ واكاانا يُ ؤ ذاي نا O Prophet (Muhammad), tell your wives, your daughters and the wives of the believers to spread their veils over their entire bodies. That is so that they may be more easily recognized so that they may not be harassed. Allah is forgiving and merciful. Then the prohibition related to arousing the sexual appetite of the beholder;35 30 Muslim ibn al-Hajjaj Abuu al-Hasan al-Qushairi al-Nisaabury, Sahiih Muslim, (Beirut : Daar-al-Turas al-Arabiy, tt), Juz. I, h. 3; Muhammad ibn Ismaail Abuu Abdullah al-Bukhaari al-Ja’fi, Sahiih Bukhaari, (Riyadh : Daar al-Salaam, 1419 H), Juz xv, p. 346. 31 Muhammad ibn Ismaail Abuu Abdullah al-Bukhaari al-Ja’fi, Sahiih Bukhaari, (Riyadh : Daar al-Salaam, 1419 H), Juz xv, Juz. VIII, p. 595 32 Wahbah Zuhaili, Al-Fiqh al-Islamy wa Adilatuh, (Beirut : Daar al-Fikr al-Ma’ashir, 1997) النب وجعل إليه وتنظر ليهاإ ينظر الفضل فجعل خثعم من امرأة فجاءت سلم و عليه هللا صلى هللا رسول رديف الفضل كان33 َّاآلخر الشق إىل الفضل وجه يصرف سلم و عليه هللا صلى Al-Fadl was sitting behind the Messenger of Allah one day when a woman from the Khats'am tribe came. Then they looked at each other. The Prophet then turned al- Fadl's face in another direction.”, Muhammad ibn Ismaail Abuu Abdullah al-Bukhaari al-Ja’fi, Sahiih Bukhaari, (Beirut : Daar Ibn Kasir, 1987), 3rd ed, Juz. 2, p. 551. In this regard, Allah says: "Tell the male believers to lower their gaze. Then tell the women believers to lower their gaze, too. (QS. 24 : 31) 34 QS. al-Ahzab [33]: 59 35 QS. An-Nûr [24]: 58 Ilda Hayati : Pornography In The Perspective Of Islamic And National Law | 63 أاي ُّهاا تاأ ِذن ُكمُ آماُنوا الَِّذينا َيا ُلُغوا لا واالَِّذينا أاْي ااُنُكم مالاكات الَِّذينا لِياس ُُلما ي اب ثا ِمن ُكم اْل ب لِ ق ا ِمن مارَّات ثاَلا ةِ رِ صاَلا ةِ ب اع دِ واِمن الظَِّهرياةِ ِمنا ثِيااباُكم تاضاُعونا واِحيا ال فاج ثُ ال ِعشااءِ صاَلا والا عالاي ُكم لاي سا لاُكم عاو راات ثاَلا ُ كاذاِلكا ب اع ض عالاى ب اع ُضُكم عالاي ُكم طاوَّاُفونا ب اع داُهنَّ ُجنااح عالاي ِهم تِ لاُكمُ اّللَُّ يُ بايِّ َيا حاِكيم عالِيم وااّللَُّ اآل O you who have believed, let your male and female slaves and those who have not reached puberty among you ask your permission three times: before the Fajr prayer, when you take off your outer garments in the middle of the day, and after the 'Isha prayer. (These are) the three (times that are usually) aurat (open) for you. There is no sin for you and no sin for them apart from these three times. (They) often go in and out to see you. Some of you (do go in and out) over others. Thus Allah explains the verses to you. Allah is All-Knowing, All-Wise. Meanwhile, clothing is something that is used as a cover for the aurat. The human body itself is a trust from Allah that must be maintained and will later be held accountable. It must be preserved from sinful, immoral, or despicable acts that harm oneself or harm many people. The maintenance of the body from all aspects of forbidden and despicable acts is for the benefit of life and the lives of all parties, especially the owner of the body concerned both when living in this world and in the hereafter.36 Second, tabarruj which describes a person in dress that tends to be indecent or characterizes the appearance of a dishonorable person. The appearance in question is a combination of one's understanding of the limits of aurat and how to dress.37 There are several verses and hadiths that talk about aurat, tabarruj and clothing. These verses include: first, the verse about aurat (as well as to maintain the dignity of the body parts) as found in Surah al-Nuur [24]: 31 and 58; وال ياض رِب نا ِمن هاا ظاهارا ماا ِإلَّ زِين ات اُهنَّ يُ ب ِدينا والا فُ ُروجاُهنَّ واَيا فاظ نا أاب صاارِِهنَّ ِمن ي اغ ُضض نا لِل ُمؤ ِمنااتِ واُقل ِئِهنَّ أاو لِبُ ُعولاِتِهنَّ ِإلَّ زِين ات اُهنَّ يُ ب ِدينا والا ُجُيوِِبِنَّ عالاى ِِبُُمرِِهنَّ ءِ أاو آَبا أاب نااءِ أاو أاب نااِئِهنَّ أاو بُ ُعولاِتِهنَّ آَبا وااِِنِنَّ أاو بُ ُعولاِتِهنَّ وااِِنِنَّ باِن أاو ِإخ أُوِل غاري ِ التَّاِبِعيا أاوِ أاْي ااُِنُنَّ مالاكات ماا أاو ِئِهنَّ ِنساا أاو أاخاوااِِتِنَّ باِن أاو ِإخ ِمن ُُي ِفيا ماا لِيُ ع لاما ِِبار ُجِلِهنَّ ياض رِب نا والا النِّسااءِ عاو رااتِ عالاى ياظ هاُروا لا الَِّذينا الطِّف لِ أاوِ الّرِجاالِ ِمنا اْل ِر باةِ يًعا اّللَِّ ِإىلا واُتوبُوا زِيناِتِهنَّ تُ ف ِلُحونا لاعالَُّكم ال ُمؤ ِمُنونا أايُّها َجِا Say to the believing women: Let them restrain their eyes, and their chastity, and let them not show their adornment, except that which is (ordinarily) apparent from it, and let them cover their chests with a veil, and let them not show their adornment except to their husbands, or their fathers, or their husbands' fathers, or their sons, or the sons of their husbands, or their brothers, 36 Neng Djubaedah, Pornografi dan Pornoaksi Ditinjau dari Hukum Islam, (Jakarta : 2009), 3rd ed, p. 88 37 Kutbuddin Aibak, Kajian Fiqh Kontemporer…, p. 30 64 | AJIS : Academic Journal of Islamic Studies, vol. 9, no. 1, 2024 or the sons of their brothers, or the sons of their sisters, or the women of Islam, or the slaves they own, or the male servants who have no desire (for women) or the children who do not yet understand the female form. And do not tap their feet to make known the ornaments they conceal. And repent ye all unto Allah, O ye who believe, that ye may prosper. (QS. al-Nuur [24]: 31). أاي ُّهاا تاأ ِذن ُكمُ آماُنوا الَِّذينا َيا ُلُغوا لا واالَِّذينا أاْي ااُنُكم مالاكات الَِّذينا لِياس ُُلما ي اب ثا ِمن ُكم اْل ق اب لِ ِمن مارَّات ثاَلا ةِ رِ صاَلا ةِ ب اع دِ واِمن الظَِّهرياةِ ِمنا ثِيااباُكم تاضاُعونا واِحيا ال فاج ثُ ال ِعشااءِ صاَلا والا عالاي ُكم لاي سا لاُكم عاو راات ثاَلا ُ كاذاِلكا ب اع ض عالاى ب اع ُضُكم عالاي ُكم طاوَّاُفونا ب اع داُهنَّ ُجنااح عالاي ِهم تِ لاُكمُ اّللَُّ يُ بايِّ َيا حاِكيم عالِيم وااّللَُّ اآل O you who believe, let your male and female slaves and those who have not reached puberty among you ask your permission three times a day: before Fajr prayer, when you take off your outer garments in the middle of the day, and after Isha' prayer. (There is no sin on you nor on them except for these three times. They serve you, and some of you have need of others. Thus Allah explains the verses to you, and Allah is All-knowing, All-wise. (QS. al-Nuur [24]: 58) Second, the verses on tabarruj as mentioned in Surah al-Ahzaab [33]: 33, dan al-Nuur [24]: 60. Surah al-Ahzab [33]: 33َّ: نا والا بُ ُيوِتُكنَّ ِف واق ار نا ُوىلا اْل ااِهلِيَّةِ تاَباُّجا تاَباَّج نا اِل ةا واأاِقم اّللَُّ يُرِيدُ ِإَّنَّاا واراُسولاهُ اّللَّا واأاِطع نا الزَّكااةا واآِتيا الصََّلا ِهبا سا عان ُكمُ لُِيذ لا الّرِج تاط ِهريًا وايُطاهِّراُكم ال ب اي تِ أاه And stay at your homes, and do not adorn yourselves and behave like the former Jahiliyyah, and establish prayer, pay the zakat, and obey Allah and His Messenger. Verily, Allah intends to remove sin from you, O Ahlul Bayt, and to cleanse you as cleanly as possible. Surah an-Nuur [24]: 60 : ِت النِّسااءِ ِمنا واال قاوااِعدُ ُنَّ ياضاع نا أان ُجنااح عالاي ِهنَّ ف الاي سا ِنكااًحا ي ار ُجونا لا الَلَّ ِّجاات غاري ا ثِيااِبا واأان بِزِيناة ُمتاَبا ت اع ِفف نا يع وااّللَُّ َلاُنَّ خاري ياس عالِيم َسِا And those old women who have ceased (from menstruation and childbearing) who do not wish to marry (again), there is no sin on them in taking off their clothes [outer garments which, when uncovered, do not reveal their nakedness] without (intending to) reveal their adornment, and modesty is better for them. And Allah is All-Hearing, All-Wise. While third, the verse about clothing as mentioned in Surah al-Ahzab [33] verse 59: أاي ُّهاا ِنيا ال ُمؤ ِمِنيا واِنسااءِ واب انااِتكا ِِلاز وااِجكا ُقل النَِّبُّ َيا بِيِبِهنَّ ِمن عالاي ِهنَّ يُد فاَلا يُ ع راف نا أان أاد نا ذاِلكا جاَلا راِحيًما غاُفورًا اّللَُّ واكاانا يُ ؤ ذاي نا O Prophet, say to your wives, your daughters and the wives of the believers, let them spread their veils over their whole bodies. That is so that they Ilda Hayati : Pornography In The Perspective Of Islamic And National Law | 65 may be more easily recognized, so that they may not be harassed, and Allah is Oft-Forgiving, Most Merciful. In addition, according to Huzaimah, pornography can bring someone closer to adultery. In QS. 17 : 32 Allah SWT prohibits Muslims from approaching adultery. Thus, this verse can be interpreted as erotic, sensual, and similar actions. It can also be interpreted as an attitude, behavior that is seductive and can arouse lust, whether in the form of paintings, photographs, and writings, or in the form of real or direct actions.38 Some of the verses that discuss pornography are also reinforced by the Prophet's hadith, including; 1. Hadith narrated by Bukhari: ينظر الفضل فجعل خثعم من امرأة فجاءت سلم و عليه هللا صلى هللا رسول رديف الفضل كان َّاآلخر الشق إىل الفضل وجه يصرف سلم و عليه هللا صلى النب وجعل إليه وتنظر إليها Al-Fadl was sitting behind the Messenger of Allah one day when a woman from the Khats'am tribe came. Then they looked at each other. The Prophet then turned al-Fadl's face in another direction. In this regard Allah SWT says: "Tell the male believers to lower their gaze. Then also tell the women believer to lower their gaze, too.” (QS. 24 : 31) 2. Hadith narrated by Abu Daud ر ، أاِب بِن تا أاَس ااءا أانَّ عان هاا، اّللَُّ راِضيا عااِئشاةا عان واعالاي هاا واسالَّما عالاي هِ هللاُ صالَّى اّللَِّ راُسولِ عالاى داخالات باك ، ثِيااب ال ماِحيضا ب الاغاتِ ِإذاا ال مار أاةا ِإنَّ أاَس ااُء، »َيا : واقاالا واسالَّما، عالاي هِ هللاُ صالَّى اّللَِّ راُسولُ عان هاا فاأاع راضا رِقااق ِههِ ِإىلا واأاشاارا واهاذاا« هاذاا ِإلَّ ِمن هاا يُ راى أان تاص ُلح لا واكافَّي هِ واج ‘Aisyah r.a. reported that Asma' bint Abu Bakr entered the Prophet's place wearing a thin dress, so the Prophet turned away from her and said: "Asma', when a woman reaches the period of menstruation, it is not permissible to see any part of her body except this and this." He pointed to her face and hands. He pointed to her face and her hands." [Abu Dawud said that this Hadith is Mursal, but Al-Albani said that it is authentic].39 3. Hadith narrated by Muslim and Abu Daud رِىِّ ساعِيد أاِب ب نِ الرَّْح انِ عاب دِ عان ُد الرَُّجلُ ي ان ظُرُ لا » قاالا -وسلم عليه هللا صلى- اّللَِّ راُسولا أانَّ أابِيهِ عان اْل ِإىلا ال مار أاةُ تُ ف ِضى والا وااِحد ث او ب ِف الرَُّجلِ ِإىلا الرَُّجلُ يُ ف ِضى لا وا ال مار أاةِ عاو راةِ ِإىلا ال مار أاةُ والا الرَُّجلِ عاو راةِ ِإىلا ال وااِحدِ الث َّو بِ ِف ال مار أاةِ 38 Huzaemah Tahido Yanggo, Masail Fiqhiyah : Kajian Hukum Islam…, h. 235 39 Abu Daud, Sunan Abu Daud, (Beirut : Maktabah Asriyah, TT), Juz. IV, p. 62 66 | AJIS : Academic Journal of Islamic Studies, vol. 9, no. 1, 2024 'Abdur-Rahmaan ibn Abu Sa'id al-Khudriy from his father (narrated) that the Prophet (peace be upon him) said, let no man look at the private parts of another man, and let no woman look at the private parts of another woman, and let no man enter with another man under one blanket, and let no woman enter with another woman under one blanket.40 4. Hadith narrated by Muslim لِ ِمن ِصن فاانِ » -وسلم عليه هللا صلى- اّللَِّ راُسولُ قاالا قاالا ُهراي راةا أاِب عان ِسيااط ماعاُهم ق او م أاراُهُاا لا النَّارِ أاه بِ اِسياات واِنسااء النَّاسا ِِباا ياض رِبُونا ال ب اقارِ كاأاذ َنا ت كا ةِ ُرُءوُسُهنَّ مااِئَلات َلات ُُمِي عاارَيا ِنما تِ كاأاس ال ماائِلاةِ ال ُبخ ُخل نا لا نا والا اْل انَّةا ياد د واكاذاا كاذاا ماِسرياةِ ِمن لاُيوجادُ رَياهاا واِإنَّ رَياهاا َيِا Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "There are two groups of Hell dwellers whom I have never seen. A people who carries whips like the tails of cows and beat people with them. And women who are clothed but naked; they walk with their shoulders and backs swaying and their hair in a bun like the hump of a camel. They will not enter Paradise, nor will they smell the fragrance of Paradise, whereas indeed the fragrance of Paradise is smelled from a distance of such and such a journey.41 5. Hadith narrated by Ahmad ُما كانت كثيفة قبطية سلم و عليه هللا صلى هللا رسول كساين قال أسامة أَبه ان زيد بن أسامة بن عن قلت القبطية تلبس ل مالك سلم و عليه هللا صلى هللا رسول ل فقال امرأت فكسوِتا الكلب دحية أهداها أخاف ان غَللة حتتها فلتجعل مرها سلم و عليه هللا صلى هللا رسول ل فقال امرأت كسوِتا هللا رسول َي عظامها حجم تصف ان Meaning: Ibn Usamah ibn Zaid reported that his father Usamah said: The Messenger of Allah (saw) gave me a white translucent outer garment made in Egypt which was given by Dihyah al-Kalbi. Then I gave it to my wife (to wear). The Messenger of Allah asked me: why did you not use the qibthiyah? I replied; I gave it to my wife. The Messenger of Allah (saw) said to me: tell your wife to wear a double undergarment (because) I am afraid that it shows her body shape.42 40 Muslim, Sahih Muslim, (Beirut : Daar al-Jiil Beirut, TT), Juz. I, p. 183; Abu Daud, Sunan Abu Daud,(Daar Al Risalah al-Alamiyah, 2009/1430), Juz. I, p.13 41 Muslim, Sahih Muslim, (Beirut : Daar al-Jiil Beirut, TT), Juz.{I, p. 168 42 Ahmad ibn Hanbal Abu Abdullah al-Syaibaani, Musnad Ahmad ibn Hanbal, (Kairo : Muassasah Qurthubah, tt), Juz. 5, p. 205 Ilda Hayati : Pornography In The Perspective Of Islamic And National Law | 67 Positioning these verses and hadiths as a basic reference to regulate pornography shows that Islam is cautious in dealing with pornography. This caution can be seen from the spirit of prioritizing prevention over treatment. Preventive action means limiting the sight of the eyes and guarding the genitals. In the frame of pornography, prevention is meant by; first, making strict regulations on all aspects of life that deliver, and have the potential to carry pornography, either by streamlining existing legislation or emphasizing and supporting it with laws that are firmer and harsher in sanctions. This kind of preventive step is in line with the view that the rise of pornography in society is due to the free products of various media in producing and carrying pornography. The second view is that pornography is accepted by society because of the thinness and lack of diversity in society, which makes it unable to reject negative things, including pornography. These two opinions cannot be separated from each other. Media factors play a major role in marginalizing religion, while ineffective religion makes someone easily corrupted by pornography. Then, the last opinion states that ineffective religiosity as one of the causes of the spread of pornography is justified by reading mafhum mukhalafah on surah al-Ankabut/29: 45, which confirms that effective prayer can prevent evil. Thus, if pornography as one of the expressions of evil, which appears in the community is an indication of ineffective religiousness of the people.43 That is why the Indonesian Ulema Council gave a fatwa related to pornography in 2001 which contains 11 points: 1) directly or indirectly depicting erotic behavior, either by painting, drawing, writing, sound, billboard, advertisement or speech; either through print or electronic media that can arouse lust is haram; 2) leaving the 'awrah open with or tight or translucent clothing with the intention of taking pictures, either to be printed or visualized is haram; 3) taking pictures as referred to in number 2 is haram; 4) performing sexual intercourse or sexual scenes in the presence of people, taking pictures of sexual intercourse or sexual scenes, either of oneself or others, and viewing sexual intercourse or sexual scenes is haram; 5) reproducing, listening to, selling, buying, and viewing or showing images, both printed and visual, that expose the aurat or tight or see-through clothing that can arouse lust, or images of sexual intercourse or sexual scenes are haram; 6) being intimate or alone together (khalwat) between a man and a woman who is not his mahram, and other similar actions that approach and encourage sexual intercourse outside of marriage are haram; 7) exposing the aurat, which is the part of the body between the navel and the knees for men and all parts of the body for women other than the face, palms and soles of the feet, is haram, except in cases that are justified by sharia law; 8) wearing see-through or tight clothing that exposes the curves of the body is haram; 9) engaging in an act or speech that encourages sexual intercourse outside of marriage or the act 43 Shohibul Adib, Pornografi dan Pornoaksi : Persfektif Hukum Islam, dalam Jurnal Tasamuh, Volume 11, Nomor 2, September, p. 314 68 | AJIS : Academic Journal of Islamic Studies, vol. 9, no. 1, 2024 referred to in number 6 is haram; 10) assisting in all forms and allowing without denial the acts prohibited above is haram; 11) obtaining money, benefits and facilities from the acts prohibited above is haram. 44 Conclusion There is a similar paradigm between Islamic and national law in viewing pornography or pornoaction. 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