The Development of Marital Rape in Islamic Family Law Reform

Marriage is a sacred bond that governs the relationship between husband and wife based on love, affection, and mutual respect. However, in practice, domestic violence often occurs, one of which is sexual violence in the form of marital rape. (pemerkosaan dalam ikatan perkawinan). This research aims to examine the development of understanding of marital rape in the context of Islamic family law reform. This research uses a qualitative method with a normative juridical approach, utilizing data from literature, books, journals, and relevant articles. The research results show that changes in Islamic family law regarding marital rape through a moderate Islamic legal perspective, which is responsive to the times, can support the eradication of sexual violence within marriage. In addition, legal developments in Indonesia are now beginning to recognize marital rape as a criminal offense, providing stronger protection for victims. This research is expected to contribute to strengthening legal and social awareness regarding the importance of justice and protection for women in domestic life.

Authors

Publication Details

Journal
Mizan Journal of Islamic Law
Published
2024-12-29
DOI
https://doi.org/10.32507/mizan.v8i2.3168
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
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article

The Development of Marital Rape in Islamic Family Law Reform

Widiyanto Widiyanto, Arwa Sya’ima, Nemer Alotaiby
Mizan Journal of Islamic Law
Gender and Women's Rights
article

The Development of Marital Rape in Islamic Family Law Reform

Widiyanto Widiyanto, Arwa Sya’ima, Nemer Alotaiby
article en

Abstract

Marriage is a sacred bond that governs the relationship between husband and wife based on love, affection, and mutual respect. However, in practice, domestic violence often occurs, one of which is sexual violence in the form of marital rape. (pemerkosaan dalam ikatan perkawinan). This research aims to examine the development of understanding of marital rape in the context of Islamic family law reform. This research uses a qualitative method with a normative juridical approach, utilizing data from literature, books, journals, and relevant articles. The research results show that changes in Islamic family law regarding marital rape through a moderate Islamic legal perspective, which is responsive to the times, can support the eradication of sexual violence within marriage. In addition, legal developments in Indonesia are now beginning to recognize marital rape as a criminal offense, providing stronger protection for victims. This research is expected to contribute to strengthening legal and social awareness regarding the importance of justice and protection for women in domestic life.

Mizan Journal of Islamic LawVol. 8(2)
Openalex Percentile: Top 53%
Gender and Women's Rights
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