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All Journal Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan
Patawari, Andi Yusri
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Journal : Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan

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KEKERASAN DALAM RUMAH TANGGA PERSPEKTIF HUKUM ISLAM DAN HUKUM PUBLIK Patawari, Andi Yusri; Ridwan, Saleh; HL, Rahmatia; Rahmawati, St.
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 7 No 1 (2025): Volume 7, Nomor 1, Juni 2025
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v7i1.7022

Abstract

The issue of domestic violence has received relatively little attention among legal experts, both in terms of regulation and implementation. This paper aims to raise awareness and explore the extent to which Islamic legal norms and public law align with the spirit of anti-violence, particularly within the household. This study employs a normative juridical approach. Data were collected through documentation techniques, focusing on Islamic legal literature such as the Quranic texts and Hadith, as well as classical fiqh texts and statutory regulations currently in force in Indonesia. The study reveals that acts of domestic violence are prohibited in Islam, which is consistent with the anti-violence principles embedded in Indonesian legislation related to acts of violence.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK ISTRI KORBAN KDRT PASCA PERCERAIAN BERBASIS NILAI KEADILAN DALAM HUKUM ISLAM DAN HUKUM NASIONAL Patawari, Andi Yusri; kurniati, Kurniati; Misbahuddin, Misbahuddin
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 6 No 1 (2024): Volume 6 Nomor 1 Juni 2024
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v6i1.6670

Abstract

This article examines the issue of forms of legal protection for the rights of wives of domestic violence victims based on the values of justice. This is because victims of domestic violence are increasing from year to year, even though there is a Law on the Elimination of Domestic Violence, this phenomenon still continues. Therefore, this issue is important to study in order to get a clear picture of the forms of legal protection that can be obtained by victims of domestic violence. The research approach is a qualitative approach with a normative juridical scientific approach, the data is in the form of secondary data sourced from statutory regulations and studies of Islamic jurisprudence literature. In the discussion it was revealed that: Firstly, the forms of legal protection in legislation are classified into: 1). Preventive action, namely a form of legal protection by clearly regulating the rights and obligations of husband and wife, this has been regulated in the Marriage Law and KHI. 1). Repressive action, namely a form of legal protection when domestic violence has occurred, then this falls into the category of criminal law where the perpetrator is threatened with a crime, this has been regulated in the 2004 Domestic Violence Law. Secondly, in Islam legal protection is more comprehensive, by regulating the laws between husband and wife, both laws relating to civil matters during and after divorce. Likewise, Islam clearly provides legal protection for victims of domestic violence, by enforcing hudud penalties for perpetrators of domestic violence.
Co-Authors HL, Rahmatia Kurniati Kurniati Misbahuddin Misbahuddin Rahmawati, St. Saleh Ridwan, Saleh