IKTIFAK: Journal of Child and Gender Studies
Vol. 1 No. 2 (2023): IKTIFAK: Journal of Child and Gender Studies

Maritale Rape dalam Perspektif Qira’ah Mubādalah dan Undang-Undang Tindak Pidana Kekerasan Seksual

Muhammad Rosyid Ridho (Sekolah Tinggi Agama Islam Mulia Astuti)
Silvia Nahla Sari (Al-Hakim Law Office, Ponorogo)



Article Info

Publish Date
10 Dec 2023

Abstract

The marriage bond gives legal consequences to the emergence of the same rights and obligations as humans. One of the human rights violations against women in husband and wife relationships is marital rape or rape within marriage. Through the Qira'ah Mubādalah method of reading verses that regulate intimate relations between husband and wife, Kiai Faqih explains that the desire for sexual relations between husband and wife must come from both of them or, even if there is coercion and violence, this is very contrary to Mubādalah principles. Marital rape itself has a record of 57 cases in the National Women's Commission's CATAHU in 2020. With the fact that there are marital rape cases, it is necessary to have a legal umbrella to prevent and regulate the resolution of the consequences arising from the sexual crime of marital rape, especially against victims, because it is in the Criminal Code itself. Regarding marital rape, there is no regulation, so the Law on Criminal Sexual Violence which has been passed is the legal umbrella for sexual crimes in marriage, namely marital rape which is regulated in Article 6 of the Law on Non-Criminal Sexual Violence. In this paper, the author formulates the problem of this research as: 1) What are the forms of coercion between husband and wife in marriage? 2) How is the sexual relationship between husband and wife in the Qira'ah Mubādalah perspective? 3) How does marital rape correlate from Qira'ah Mubādalah's perspective with Article 6 of the Sexual Violence Crime Law? This research includes a qualitative research model with the type of library research.

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Journal Info

Abbrev

Iktifak

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

IKTIFAK: Journal of Child and Gender Studies is a peer-reviewed scientific open access national journal published of Institut Agama Islam (IAI) Royadlotul Mujahidin Ngabar Ponorogo. The purpose of this journal is to publish quality articles dedicated to the scientific research development aims to ...