Marital Rape Regulation Issue Perspective Abu Zahra

Regulation of Rape in marriage has reaped pros and cons in its implementation because it is considered contrary to religious values ​​that live in society. This paper aims to examine the regulation of rape in marriage in Indonesia and its suitability to the perspective of Abu Zahra's maslahah. The type of research is a literature review (library research) with a qualitative approach. The results of the study show 3 regulations that regulate rape in marriage in Indonesia, namely the PKDRT Law, the TPKS Law, and the Law on the Criminal Code. The 3 laws are relevant to Abu Zahra's maslahah based on 3 indicators, namely: a.) in terms of quality, the presence of this regulation is a form of darar prevention of a marriage that has the concept of mu'asyarah bi al-ma'ruf, b.) in terms of quantity, the benefits generated from this regulation will be felt by most people, especially victims of domestic violence and law enforcers, c.) from a certain period of time, the benefits of this regulation will provide long-term effects, for example as enforcement of human rights and increasing public security.

Authors

Publication Details

Journal
Al-Jinayah Jurnal Hukum Pidana Islam
Published
2024-12-31
DOI
https://doi.org/10.15642/aj.2024.10.2.198-218
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Marital Rape Regulation Issue Perspective Abu Zahra

Mohamad Nurkamal Fauzan, Zakiyatul Ulya Ulya
Al-Jinayah Jurnal Hukum Pidana Islam
Gender and Women's Rights
article

Marital Rape Regulation Issue Perspective Abu Zahra

Mohamad Nurkamal Fauzan, Zakiyatul Ulya Ulya
article en

Abstract

Regulation of Rape in marriage has reaped pros and cons in its implementation because it is considered contrary to religious values ​​that live in society. This paper aims to examine the regulation of rape in marriage in Indonesia and its suitability to the perspective of Abu Zahra's maslahah. The type of research is a literature review (library research) with a qualitative approach. The results of the study show 3 regulations that regulate rape in marriage in Indonesia, namely the PKDRT Law, the TPKS Law, and the Law on the Criminal Code. The 3 laws are relevant to Abu Zahra's maslahah based on 3 indicators, namely: a.) in terms of quality, the presence of this regulation is a form of darar prevention of a marriage that has the concept of mu'asyarah bi al-ma'ruf, b.) in terms of quantity, the benefits generated from this regulation will be felt by most people, especially victims of domestic violence and law enforcers, c.) from a certain period of time, the benefits of this regulation will provide long-term effects, for example as enforcement of human rights and increasing public security.

Al-Jinayah Jurnal Hukum Pidana IslamVol. 10(2)
Openalex Percentile: Top 53%
Gender and Women's Rights
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Marital Rape Regulation Issue Perspective Abu Zahra — Mohamad Nurkamal Fauzan, Zakiyatul Ulya Ulya · Al-Jinayah Jurnal Hukum Pidana Islam (2024) | TGRS Research Map | TGRS