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All Journal Journal of Family Law and Islamic Court Al-Azhar Islamic Law Review
Abdul Salam
Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa
Religion Law, Crime, Criminology & Criminal Justice

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Castal Punishment in the Perspective of Islamic Law Nur Atika; Ahmad Nuh; Abdul Salam; Ismail Kappaja
Journal of Family Law and Islamic Court Vol. 3 No. 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.18032

Abstract

This study aims to examine the application of chemical castration punishment to perpetrators of child sexual violence in Indonesia from the perspective of Islamic law. In Indonesia’s positive law, chemical castration is regulated in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional penalty. The method used is a normative juridical approach with a qualitative research design. This study seeks to analyze the compatibility of chemical castration with the principles of Islamic law, focusing on whether it aligns with the maqashid al-sharia (objectives of Islamic law) and the core values of justice and fairness. The research findings suggest that chemical castration could be categorized as a form of takzir (discretionary punishment) in Islamic law, provided it does not conflict with the fundamental objectives of sharia, and that its implementation must adhere to the principles of proportionality and fairness. The research also critically assesses the broader implications of chemical castration, particularly from ethical, human rights, and legal perspectives. It delves into the ethical concerns of the medical profession regarding its implementation, highlighting the balance between upholding justice and respecting human dignity. Additionally, the study explores the views of contemporary Islamic scholars on the use of chemical castration as a punishment, assessing the debates surrounding its legitimacy in the context of Islamic jurisprudence. Ultimately, the study aims to provide a comprehensive understanding of the legal, ethical, and religious dimensions of chemical castration as a criminal penalty in Indonesia.
Peran KUA dalam Mencegah Pernikahan Dini di Bawah Umur Reza Artanasia; Abdul Rahman Sakka; Abdul Salam
Al-Azhar Islamic Law Review VOLUME 5 NOMOR 2, 2023
Publisher : Program Studi Hukum Keluarga Islam (Ahwal Syakhshiyyah), Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa

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Abstract

This study was conducted with the aim of knowing, the causes of underage marriage during the covid-19 pandemic in the Ujung Bulu sub-district, Bulukumba Regency, the role of the religious affairs office in preventing underage marriage during the Covid-19 pandemic in the Ujung Bulukumba sub-district. This research is a field research using descriptive qualitative method. The approach used in this research is a normative and empirical juridical approach with data collection techniques through observation, interviews and documentation. There are two data obtained in this study, namely primary data and secondary data. Primary data were obtained through interviews with the head of the religious affairs office in the Ujung Bulu sub-district, the head of the KUA in the Ujung Bulu sub-district, the KUA extension in the Ujung Bulu sub-district, the service administration staff, the KUA operator staff in the Ujung Bulu sub-district, as well as some people who have underage marriages. while secondary data is data arranged in the form of documents. The results of this study indicate that (1) the cause of underage marriage during the covid-19 pandemic in the Ujung Bulu sub-district is caused by several factors, namely, promiscuity, economic limitations, the influence of customs (habits. (2) the role of KUA in preventing cases of marriage under During the covid-19 pandemic in Ujung Bulu sub-district, there was an MOU (Cooperation) with schools by socializing with school children in Ujung Bulu sub-district regarding their right to learn at their age, as well as outreach to the community through the pulpit, ta'lim assembly, and implement work programs from the Bulukumba Regency Ministry of Religion (KEMENAG) office in the form of school age guidance and work together with local governments such as (police, sub-district, village heads and health centers in terms of minimizing (preventing) the occurrence of underage marriages that occur in the Ujung Bulu sub-district, Kabupaten Bulukumba.
Co-Authors Ahmad Nuh Ismail Kappaja Nur Atika Reza Artanasia Sakka, Abdul Rahman