Islamic law developed in line with the expansion of Islamic territory and its relationship with culture and society. The Qur'an provides conditions for every Muslim to obey Allah and His Messenger. A Muslim is not justified in making another choice if it turns out that Allah SWT and His Messenger have established definite and clear laws. The legality of determining an action as a crime and imposing punishment or the principle "There is no crime and punishment unless based on the Nash" must be followed by a country even though it is not an Islamic country because this principle of legality is generally accepted. The enactment of Islamic law as positive law for Indonesian Muslims, who constitute the majority in this country, is based on the Indonesian nation's philosophical, juridical, and sociological values. Therefore, the state is obliged to make Islamic law a positive law for Indonesian Muslims because, basically, the way of thinking, outlook on life, and character of a nation is reflected in its culture and laws. Therefore, in establishing Islamic laws, even though they have been established by Allah and His Messenger, the doors to establish laws remain open, especially public laws that are not explicitly stipulated in the Qur'an and As-Sunnah, including Jarimah, jinayat, huddud, al-Ahkam as-Shulthaniyyah, etc. However, researchers are only more interested in studying the establishment of public laws relating to Jarimah jinayat and huddud within certain limits as a sample in establishing law as a necessity.