Analysis of the Concept of Ta'zir in Law Enforcement Against Perpetrators of Sexual Harassment

This research examines the concept of Ta'zir in Islamic criminal law and its potential application in law enforcement against perpetrators of sexual harassment. As sexual harassment becomes an increasingly pressing social issue, many legal systems struggle to effectively address it within the bounds of both cultural values and modern justice standards. Ta'zir, a discretionary punishment in Islamic jurisprudence, offers a flexible legal framework for offenses that fall outside fixed penalties (hudud and qisas), making it a potentially powerful tool for addressing such cases. This study employs a qualitative normative approach, analyzing classical Islamic legal texts, relevant national laws, and contemporary interpretations to assess how Ta'zir can be integrated into modern legal systems. The findings reveal that Ta'zir, when guided by the objectives of Islamic law (maqasid al-shariah), can promote justice by emphasizing deterrence, rehabilitation, and the protection of victims’ dignity. However, the research also identifies challenges, including the lack of standardization, judicial discretion, and possible conflicts with international legal norms. Ultimately, this study concludes that with appropriate reform, education, and codification, Ta'zir can be a relevant and constructive legal mechanism in addressing sexual harassment within modern justice systems.