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Alon Maemanah
University of Jember, Indonesia

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A Maqasid al-Shariah Evaluation of the Death Penalty for Child Sexual Crimes Alon Maemanah; Ainul Azizah; Moh. Ali
Rechtenstudent Vol. 7 No. 2 (2026): Rechtenstudent August 2026 (In Progress)
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v7i2.425

Abstract

Sexual violence, particularly sexual intercourse with children, is a serious crime that causes deep trauma, material and immaterial losses, and threatens the victim’s future. In 2024, Indonesia recorded 8,674 cases. Children, as the weaker party, often become targets, so perpetrators are frequently given severe punishments, including the death penalty. In Islamic law, sexual intercourse with children is equated with the crime of hirabah because it forcibly violates a child’s honor; therefore, harsh punishment, including death, is considered consistent with maqashid shariah in protecting religion, life, intellect, lineage, and property. This study examines the urgency of the death penalty for perpetrators of sexual intercourse with children, the characteristics of this crime, and the future concept of capital punishment within the framework of maqashid shariah. Using a normative juridical method with statutory, conceptual, case, and comparative approaches, the study finds that such acts violate the protection of life, intellect, and lineage, and therefore the death penalty is considered legitimate as protection, prevention, and public benefit, in line with Indonesian law and as a deterrent to this extraordinary crime.
Co-Authors Ainul Azizah Moh. Ali