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All Journal Journal of Sharia (JOSH) Journal of Family Law and Islamic Court
Ismail Kappaja
Sekolah Tinggi Agama Islam Al-Azhar Gowa, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
A BRIEF REVIEW OF KHI ON THE FULFILMENT OF FAMILY MAINTENANCE FOR SINGLE MOTHERS BY BIOLOGICAL FATHERS (CASE STUDY OF DAMPANG VILLAGE, GANTARANG SUBDISTRICT, BULUKUMBA REGENCY) Zikrullah Zikrullah; Ahmad Muhajir; Ismail Kappaja; Andi Muh. Taqiyuddin BN; Ahmad Nuh
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2610

Abstract

This study aims to discuss a brief review of KHI on the fulfilment of family maintenance for single mothers by biological fathers, using a case study from Dampang Village, Gantarang Subdistrict, Bulukumba Regency. This type of research is qualitative research. The research design is field research. The informants interviewed in this study were several single mothers from Dampang Village, Gantarang Subdistrict, Bulukumba Regency. The results of this study show that: The fulfilment of family expenses for single mothers in Dampang Village, Gantarang Subdistrict, Bulukumba Regency, in the context of the Compilation of Islamic Law (KHI). Based on data obtained from the statements of the three single mothers, all of them stated that after the divorce, their ex-husbands never provided for them and their children. This proves that the reality is not in accordance with the Compilation of Islamic Law (KHI), which states that maintenance is the responsibility of a father towards his biological children, which must be fulfilled even if the marriage bond has been severed. However, in reality, the father's obligation to provide financial support to his children is not fulfilled after divorce, so all financial responsibilities are borne by the mother. Single mothers in Dampang village meet their families' needs by working.
Co-Authors Abdul Salam Ahmad Muhajir Ahmad Nuh Andi Muh. Taqiyuddin BN Nur Atika Zikrullah Zikrullah