Mizan: Journal of Islamic Law
Vol 8, No 2 (2024): Mizan: Journal of Islamic Law

The Development of Marital Rape in Islamic Family Law Reform

Syaima, Arwa (Unknown)
Widiyanto, Widiyanto (Unknown)
Alotaiby, Nemer (Unknown)



Article Info

Publish Date
29 Dec 2024

Abstract

Marriage is a sacred bond that governs the relationship between husband and wife based on love, affection, and mutual respect. However, in practice, domestic violence often occurs, one of which is sexual violence in the form of marital rape. (pemerkosaan dalam ikatan perkawinan). This research aims to examine the development of understanding of marital rape in the context of Islamic family law reform. This research uses a qualitative method with a normative juridical approach, utilizing data from literature, books, journals, and relevant articles. The research results show that changes in Islamic family law regarding marital rape through a moderate Islamic legal perspective, which is responsive to the times, can support the eradication of sexual violence within marriage. In addition, legal developments in Indonesia are now beginning to recognize marital rape as a criminal offense, providing stronger protection for victims. This research is expected to contribute to strengthening legal and social awareness regarding the importance of justice and protection for women in domestic life.

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Journal Info

Abbrev

mizan

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Mizan: Journal of Islamic Law is a peer-reviewed journal on Islamic Family Law, Syari’ah and Islamic Studies his journal is published by the Islamic Faculty, Ibn Khaldun University of Bogor, in partnership with APSI (Association of Islamic Indonesia Lawyer). Editors welcome scholars, researchers ...