Muwaffiq Jufri, Paul Atagamen Aidonojie, Ousu Mendy, Ebrima Sarr, Raphael Daoud Jackson-Ortiz

Non-Penal Conflict Resolution and Islamic Legal Culture: Evidence from Sunni–Shia in Indonesia

Introduction

Non-penal conflict resolution and islamic legal culture: evidence from sunni–shia in indonesia. Explore non-penal conflict resolution using Islamic legal culture for Sunni-Shia conflict in Indonesia. Discover how this approach is more effective, peaceful, and familial than penal policies.

Abstract

This study aims to analyze the potential success of a religion-based conflict-resolution approach grounded in non-penal policies of Islamic legal culture. The use of this method is important for resolving the Sunni-Shia conflict in Sampang Regency. This study contributes to the development of guidelines for regional governments on the use of non-legal policies to resolve religious conflicts. This study uses empirical legal research methods with a socio-legal and anthropo-legal approach. The findings of this study reveal that penal policies for conflict resolution are ineffective in resolving conflicts quickly and only perpetuate stigma regarding which religious sects are right and which are heretical. This study also reveals that, when attempting to resolve and prevent disputes, non-penal methods grounded in Islamic legal culture are more effective in resolving religious conflicts more quickly and peacefully, with a familial approach, while avoiding violent means in resolving religious sectarian differences. This study concludes that the non-penal approach should be strengthened by assigning a role to local actors within the Madurese tradition to conduct the resolution process, so that former Shia followers, who are still being rejected, can be appropriately addressed. This study recommends that the government adopt a non-penal approach to facilitate the immediate completion of the post-conflict reconciliation and reconstruction process.

Review

This study, titled "Non-Penal Conflict Resolution and Islamic Legal Culture: Evidence from Sunni–Shia in Indonesia," tackles a highly pertinent and sensitive issue: the resolution of religious conflicts through culturally informed approaches. Focusing specifically on the protracted Sunni-Shia conflict in Sampang Regency, Indonesia, the paper posits that traditional penal policies are largely ineffectual. Instead, it argues for the significant potential of non-penal conflict resolution mechanisms deeply embedded within Islamic legal culture. This exploration of religion-based, indigenous methods offers a crucial counter-narrative to state-centric or purely legalistic interventions, highlighting the importance of context-specific solutions for deeply rooted sectarian divisions. Employing an empirical legal research methodology augmented by socio-legal and anthropo-legal approaches, the study effectively grounds its analysis in the lived experiences and cultural nuances of the community. This multi-faceted approach is well-suited to understanding the intricate dynamics of religious conflict and resolution beyond mere legal texts. The core findings robustly demonstrate that penal policies not only fail to resolve conflicts quickly but also exacerbate tensions by perpetuating stigma and sectarian divides. Conversely, the research convincingly illustrates that non-penal methods, when rooted in Islamic legal culture, prove significantly more effective, fostering quicker, more peaceful resolutions through a "familial approach" and successfully sidestepping the violence and entrenched animosity often associated with strictly legal or punitive interventions. The study makes a valuable contribution by not only critiquing existing approaches but also by offering concrete pathways for more effective conflict resolution. Its stated aim to develop guidelines for regional governments on the use of non-legal policies is particularly commendable, addressing a clear practical need. The conclusion, which emphasizes strengthening the non-penal approach through the active involvement of local Madurese actors, offers a vital nuance, ensuring that proposed solutions are culturally resonant and locally owned, particularly for addressing the ongoing rejection faced by former Shia followers. This recommendation, coupled with the call for government adoption of a non-penal approach for post-conflict reconciliation and reconstruction, provides a compelling roadmap for achieving sustainable peace and social cohesion, moving beyond punitive measures to embrace community-led healing.

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