Baja in Jināyah Perspective: Study of the Reception of Customary Criminal Sanctions for the Bima Muslim Community

Abstract

Baja is a sanction once practised in the traditional Muslim community of Sakuru Village, Monta Sub-district, Bima Regency. This practice remains a history, though it contributed to reducing the crime rate. Therefore, this study aimed to reveal the historical values of traditional societies forgotten by the younger generation, such as Baja criminal sanctions. It used an interdisciplinary approach and collected data through interviews with the community and customary figures with knowledge about the practice. The findings showed that Baja is a sanction imposed on theft and adultery perpetrators by parading them before the public. However, contemporary society considers the practice humiliating, primitive, and contrary to human rights. It is also understood from Islamic law provisions based on the fiqh rule "al-ādah muḥakkamah". From the jinayah aspect, Baja is the Islamic criminal law application in the ta’zīr form. It teaches people to avoid theft and immorality because they attract humiliating sanctions. Additionally, Baja has implications for embarrassing oneself because of violating the "mori labo maja" and "maja labo dahu" messages.