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Restorative Justice in the Resolution of Domestic Violence: An Islamic Legal Philosophy Perspective on the Concepts of Ṣulḥ and ‘Afw: Restorative Justice dalam Penyelesaian Kekerasan Dalam Rumah Tangga (KDRT): Perspektif Filsafat Hukum Islam Terhadap Konsep Ṣulḥ Dan ‘Afw rahmatunnair rahmatunnair
DELICTUM : Jurnal Hukum Pidana Islam Vol. 4 No. 2 (2026): DELICTUM: Jurnal Hukum Pidana Islam
Publisher : Program Studi Hukum Pidana Islam IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/delictum.v4i2.19197

Abstract

This study aims to analyze the construction of restorative justice in resolving domestic violence (KDRT) from the perspective of Islamic legal philosophy, particularly by reconstructing the concepts of ṣulḥ (reconciliation) and ‘afw (forgiveness) based on the principles of Maqāṣid al-Sharī’ah. The study employs a normative legal method with philosophical, conceptual, and statutory approaches. Data were obtained through library research by examining the Qur’an, statutory regulations, Islamic legal literature, books, and relevant scholarly articles. The analysis was conducted qualitatively using descriptive-analytical, interpretive, and prescriptive techniques, with al-Shāṭibī’s theory of Maqāṣid al-Sharī’ah as the primary analytical tool and Howard Zehr’s theory of restorative justice as a framework for conceptual dialogue. The findings show that the concepts of ṣulḥ and ‘afw have philosophical relevance to restorative justice, but they cannot be interpreted as an obligation for victims to reconcile with or forgive perpetrators. Both must be grounded in voluntariness, offender accountability, safety protection, and the restoration of victims’ rights. The originality of this study lies in its reconstruction of the conceptual relationship between ṣulḥ and ‘afw, integrated with Maqāṣid al-Sharī’ah, to produce a four-stage model for resolving domestic violence: victim protection assessment, offender accountability, voluntary reconciliation and forgiveness, and monitoring and prevention of recurrence of violence. This study has implications for developing a more humane and just paradigm for resolving domestic violence, one oriented toward the protection and welfare (maṣlaḥah) of victims.