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All Journal Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Andriyani, Yani
Universitas Kuningan
Law, Crime, Criminology & Criminal Justice Social Sciences

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A Comparison of Domestic Violence Settlement from the Perspective of Islamic Law and Positive Law in Indonesia Andriyani, Yani; Fansuri, Hamzah
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 1 (2025): June 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i1.20032

Abstract

The numerous cases of household violence in Indonesia suggest that the state still has significant work to do in addressing it. Despite having its claim laws, it appears that their execution still has deficiencies. The purpose of this paper is to examine how Islamic Law and Positive Law in Indonesia compare to Domestic Violence. A qualitative method with a normative approach is employed in this research. The research results show that the sanctions prescribed in Islamic law are based on the application of takzir, qishash, and diat. Meanwhile, positive law provides criminal sanctions and fines. The primary objective in criminal acts of physical violence within the family is to deter or punish the perpetrator so that peace and the progression of community life are maintained. The state plays a role in enforcing amar ma'ruf nahi munkar, including in household matters. The state is obliged to provide protection, services, and recovery for victims.
Co-Authors Hamzah Fansuri