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All Journal Syaksia : Jurnal Hukum Perdata Islam Kafa’ah: Journal of Gender Studies al-Mawarid Jurnal Syariah dan Hukum (JSYH) ENGAGEMENT: Jurnal Pengabdian Masyarakat
Pitrotussaadah, Pitrotussaadah
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Religion Humanities Astronomy Chemistry Law, Crime, Criminology & Criminal Justice Social Sciences

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PEMAKSAAN HUBUNGAN SEKSUAL SUAMI TERHADAP ISTRI (MARITAL RAPE) (STUDI KOMPARATIF HUKUM POSITIF DAN HUKUM ISLAM) Pitrotussaadah fitroh; Sulfan Alamsyah
Syakhsia Jurnal Hukum Perdata Islam Vol 24 No 2 (2023): Juli - Desember
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v24i2.9329

Abstract

This paper is a forced sexual relationship of husband against wife (marital rape) (comparative study of positive law and Islamic law). Conjugal sexual intercourse is a natural need that must be fulfilled by both parties but without coercion in it that causes one of them to be hurt. In practice, this is not the case, sometimes husbands ask to have sex at inappropriate times such as when the wife is not good physically, hormonally or psychologically, and generally husbands do not understand the condition of the wife and lead to coercion or even violence in sexual intercourse which results in one of them being harmed because with this condition the wife cannot enjoy it but hurt her. So how positive law and Islamic law address the problem. This paper aims to understand marital rape law in positive law and Islamic law. Based on the qualitative method of library research with a comparative descriptive approach, it can be concluded that domestic rape is an unnatural thing done by the husband to the wife because it can hurt the wife because it does not pay attention to the physical and psychological condition of the wife. Whereas in Islamic law if the coercion by the husband against the wife is still within reasonable limits, then it is not a problem. However, if coercion is accompanied, threats and violence while the physical and psychological conditions and conditions of the wife are not possible to serve her husband such as being sick, menstruating, tired, and other shari'i old age that is considered appropriate, then the husband can be categorized as marital rape and the perpetrator is subject to ta'zir whose punishment is determined by a judge.
Increasing Student Awareness of the Importance of Education Through Educational Seminars at SMKN 15 Pandeglang Millah, I'anatul; Fakhitah; Pitrotussaadah; Farhan Ridzky; Muhamad Khaerul Insani; Shohibul Umam
ENGAGEMENT: Jurnal Pengabdian Masyarakat Vol. 3 No. 3 (2024): Community Empowerment and Services
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/engagement.v3i3.116

Abstract

Education is an important component in improving human resources for sustainable development. Pasirpeuteuy Village, Cadasari District, Pandeglang Regency, has a very low level of education, with an average of only graduating from junior high school/high school. This obstacle is caused by economic problems and the lack of interest of students to continue their education to college level, some even do not continue their education because they want to get married. Against the backdrop of this situation, it is very important to encourage students to continue their studies through seminar activities. The purpose of this activity is to improve the quality of education of the Pasirpeuteuy Village community. This activity was carried out by KKN 10 UIN Sultan Maulana Hasanuddin Banten on August 7, 2024 at SMKN 15 Pandeglang, targeting 66 students of SMKN 15 Pandeglang. The method used was interactive material presentation with counseling between resource persons and students. The results of this activity had a positive impact by motivating them and inspiring the thinking of SMKN 15 Pandeglang students to continue their education.
THE POLITICS OF ISLAMIC LAW AND GENDER; WOMEN'S CONTESTATION IN THE ELECTION MAP IN BANTEN PROVINCE Pitrotussaadah, Pitrotussaadah; Syafei, Zakaria; Chaerina, Nina; Fazri, Sultan Isnansyah
Kafa`ah: Journal of Gender Studies Vol 14, No 1 (2024)
Publisher : Universitas Islam Negeri Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/jk.v14i1.702

Abstract

Women presently lead 37.5 percent of districts/cities in Banten Province. Additionally, in the previous government position, the figure reached 50%. Similarly, women won two elections at the provincial level in the four gubernatorial polls that were held. The substantial participation of women in Banten's election campaign is fascinating to investigate. This research aims to determine the contestation of women in the Political Islamic law and gender in Banten Province, as well as a review of Islamic law political on women's contestation in election political maps. This study employs a qualitative method of content analysis. This study's findings reveal that women's engagement in the political map of the regional election in Banten was due to the freedom, opportunity, and chance for women to participate in the political sphere. Furthermore, the family's involvement and participation were significant owing to their typical family background as politicians who previously served in the same position, known as the relay and inheritance of family leadership. Some refer to it as a familial political dynasty. According to an examination of Islamic law, women's participation in the political map of the regional elections in Banten does not contravene the siyasa syar'iyyah because it is included in the siyasa dusturiyyah. Furthermore, Islam does not forbid women from participating in politics
PROTECTION OF CHILDREN FROM DOMESTIC VIOLENCE: A COMPARATIVE STUDY OF ISLAMIC LAW AND POSITIVE LAW IN INDONESIA Eva Fadhilah; Öğretim Üyesi Büşra Nur DURAN; Pitrotussaadah
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art7

Abstract

Purpose - This study aims to examine and compare the principles of child protection in Islamic and positive law in Indonesia, focusing on the handling and prevention of violence against children within the family. The significance of this research lies in the increasing number of child abuse cases, particularly within the household, which indicates a gap between existing legal norms and social realities. Method - This study used a qualitative approach with a normative juridical method. Data were collected through a literature review, including primary sources (the Qur’an, Sunnah and Statutory regulations) and secondary sources (classical books and scholarly journals). Findings - Islamic law firmly rejects all forms of violence against children through principles contained in the texts and the concept of Maqāṣid al-Usrah, which provides guidance for child protection from conception to adulthood. Positive law regulates child protection through Law No. 35 of 2014, which covers investigations, court proceedings, victim rehabilitation, and prevention through education and child protection institutions. The implementation of both legal systems is hindered by differing interpretations and cultural influences on the law. Research Contribution/Limitations-This study provides a comparative overview of the relevance of child protection principles in Indonesia, but is limited to literature-based research. Originality/Value-This research enriches child protection studies by integrating Islamic and positive legal perspectives as academic and practical references for child protection.
Co-Authors Chaerina, Nina Eva Fadhilah Fakhitah Farhan Ridzky Fazri, Sultan Isnansyah Millah, I'anatul Muhamad Khaerul Insani Öğretim Üyesi Büşra Nur DURAN Shohibul Umam Sulfan Alamsyah Syafei, Zakaria