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All Journal Journal of Sharia and Legal Science
Tiara Ardita
Universitas Islam Negeri Raden Fatah Palembang
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelecehan Seksual di Lingkungan Pendidikan Tinggi dalam  Perspektif    Maqashid al-Syariah Fatimah Khosiyyah Setyaningrum; Wan Hamidah Febry Waty; Deswita Putri Salsabilah; Habil Habil; Tiara Ardita; Ahmad Fauzan
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1456

Abstract

Sexual harassment in higher education is a serious problem that impacts the psychological, academic, and social well-being of students. This phenomenon occurs not only in physical forms, but also verbally and digitally, which is increasingly growing with the use of social media and communication technology. This study aims to analyze the phenomenon of sexual harassment in higher education and examine its impact and prevention efforts from the perspective of Maqashid al-Syariah. This study uses a descriptive qualitative method with a library research approach. Data were obtained from various sources such as scientific journals, books, laws and regulations, and reports from related institutions, which were analyzed descriptively and analytically. The results show that sexual harassment in higher education is influenced by power relations, a culture of seniority, a low understanding of consent, and weak institutional protection systems. Victims of sexual harassment experience multidimensional impacts such as psychological trauma, decreased academic quality, and obstacles in social interaction. From the perspective of Maqashid al-Shariah, sexual harassment violates the principles of protecting honor (ḥifẓ al-‘ird), the soul (ḥifẓ al-nafs), the mind (ḥifẓ al-‘aql), and the lineage (ḥifẓ al-nasl). Therefore, comprehensive prevention and response efforts are needed through strengthening education, a victim-friendly reporting system, and strengthening campus policies to create a safe and dignified educational environment.
Jarimah Ta'zir dalam Penyebaran Konten Inses di Facebook Berdasarkan Maqashid Syariah Andriyani Andriyani; Bela Meydarista; Nia Ramadhani; Radja Risky Ramadhan; Tiara Ardita; M. Reza Ramadhan; M. Ryan Hidayat
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.2020

Abstract

The phenomenon of the exposure of the Facebook group Incestuous Fantasi shows that social media can be a means of spreading pornographic content containing incest that involves sexual exploitation, including against children. This study aims to analyze the spread of incest content on Facebook from the perspective of Islamic criminal law, examine the basis for determining ta'zir jarimah sanctions against the perpetrators based on the fiqh of maqāṣid al-syarī'ah, and explain the relevance of the principles of saddu al-dzarī'ah and siyāsah syar'iyyah in overcoming these digital crimes. This study is a normative legal research with a conceptual approach. The results of the study indicate that the spread of incest content on Facebook is an act that falls into the category of ta'zir jarimah because there is no hadi provision that explicitly regulates the sanctions, but the act fulfills the elements of spreading fāḥisyah and ta'āwun 'alā al-itsm which are prohibited by sharia. The determination of ta'zir sanctions has a strong basis in the maqāṣid al-syarī'ah because it aims to protect religion (hifẓ al-dīn), soul (hifẓ al-nafs), reason (hifẓ al-'aql), descendants (hifẓ al-nasl), property (hifẓ al-māl), and honor (hifẓ al-'ird). In addition, the principle of saddu al-dzarī'ah provides legitimacy to preventive efforts in the form of blocking content and closing access to distribution, while siyāsah syar'iyyah authorizes the state to establish effective criminal policies in maintaining the public welfare in the digital space. This research contributes to the development of contemporary jinayah fiqh studies by offering a legal formulation that is responsive to the development of social media-based cybercrime.
Co-Authors Ahmad Fauzan Andriyani Andriyani Bela Meydarista Deswita Putri Salsabilah Fatimah Khosiyyah Setyaningrum Habil Habil M. Reza Ramadhan M. Ryan Hidayat Nia Ramadhani Radja Risky Ramadhan Wan Hamidah Febry Waty