Comparative Analysis of Qadzaf Punishment in Islamic Law and Defamation under Indonesia’s ITE Law: Legal Perspectives on Honor, Reputation, and Public Morality

This research explores the comparative legal frameworks governing defamation related to zina accusations by analyzing the Qadzaf punishment in Islamic law alongside the defamation provisions under Indonesia’s Information and Electronic Transactions (ITE) Law. The study aims to examine how these distinct legal systems address the protection of reputation, honor, and public morality, highlighting their principles, evidentiary requirements, and sanctions. Using a qualitative normative approach through literature review and legal analysis, the research identifies the strengths and limitations inherent in both frameworks. The findings reveal that while Qadzaf enforces strict evidentiary standards and severe penalties rooted in religious ethics, the ITE Law provides a broader but sometimes ambiguous statutory protection of reputation in the digital age. This dual legal context presents challenges and opportunities for harmonization to ensure justice, fairness, and respect for human dignity. The research offers policy insights for lawmakers, judges, and practitioners navigating defamation cases in pluralistic legal settings, contributing to the ongoing discourse on legal harmonization and human rights protection in Indonesia.

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Publication Details

Journal
Syariat
Published
2024-12-30
DOI
https://doi.org/10.35335/axb0ab13
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
4.07
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article

Comparative Analysis of Qadzaf Punishment in Islamic Law and Defamation under Indonesia’s ITE Law: Legal Perspectives on Honor, Reputation, and Public Morality

Hasan Ahadi, Rafardhan Rafardhan, Mohammad Zidan Anshary
1 citations
Syariat
Legal Studies and Policies
4.07
article

Comparative Analysis of Qadzaf Punishment in Islamic Law and Defamation under Indonesia’s ITE Law: Legal Perspectives on Honor, Reputation, and Public Morality

Hasan Ahadi, Rafardhan Rafardhan, Mohammad Zidan Anshary
article en
1 citations

Abstract

This research explores the comparative legal frameworks governing defamation related to zina accusations by analyzing the Qadzaf punishment in Islamic law alongside the defamation provisions under Indonesia’s Information and Electronic Transactions (ITE) Law. The study aims to examine how these distinct legal systems address the protection of reputation, honor, and public morality, highlighting their principles, evidentiary requirements, and sanctions. Using a qualitative normative approach through literature review and legal analysis, the research identifies the strengths and limitations inherent in both frameworks. The findings reveal that while Qadzaf enforces strict evidentiary standards and severe penalties rooted in religious ethics, the ITE Law provides a broader but sometimes ambiguous statutory protection of reputation in the digital age. This dual legal context presents challenges and opportunities for harmonization to ensure justice, fairness, and respect for human dignity. The research offers policy insights for lawmakers, judges, and practitioners navigating defamation cases in pluralistic legal settings, contributing to the ongoing discourse on legal harmonization and human rights protection in Indonesia.

SyariatVol. 1(4)
Universitas Islam Negeri Maulana Malik Ibrahim (ID), National University of Malaysia (MY)
Openalex Percentile: Top 5%
Legal Studies and Policies
4.07
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Comparative Analysis of Qadzaf Punishment in Islamic Law and Defamation under Indonesia’s ITE Law: Legal Perspectives on Honor, Reputation, and Public Morality — Hasan Ahadi, Rafardhan Rafardhan, et al. · Syariat (2024) | TGRS Research Map | TGRS