From Nafs Wahidah to Hifz al-Nafs: Ontological Equality in the Qur'an as the Foundation for Anti-Femicide Legislation and Legal Reform in Indonesia

Abstract

This study synthesizes a progressive reading of nafs wahidah with an expanded interpretation of hifz al-nafs to develop a contextual framework for legislative reform. Employing a qualitative normative-theological approach, it examines Qur’anic verses concerning human equality and the protection of life, classical and contemporary exegetical works, and national and comparative legal instruments. The analysis combines thematic exegesis (tafsir mawdui), Amina Wadud’s hermeneutics, and normative evaluation through maqasid al-shariah, particularly hifz al-nfs and hifz al-karamah. The findings indicate that nafs wahidah establishes ontological equality between women and men, undermining theological justifications for gender subordination and violence. This equality requires an inclusive understanding of hifz al-nafs that extends beyond prohibiting killing to preventing structural, psychological, and cultural violence that threatens women’s lives and dignity. Drawing on this synthesis, the study proposes a legislative model integrating four dimensions: retributive measures through explicit criminal definitions and sanctions; integrated protection and support services; responsive partnerships with civil society and religious authorities; and contextual adaptation to Indonesia’s social and legal diversity. It recommends reforming the Criminal Code and the Law on Domestic Violence to recognize femicide as a distinct gender-based offense and strengthen preventive protection. The study contributes a theological and ethical foundation for translating maqashid principles into legislation that recognizes women as full and equal legal subjects. As a conceptual proposal, the model requires empirical evaluation to assess its implementation, institutional feasibility, and effectiveness in preventing femicide across diverse local settings.